Amended in Assembly April 16, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1197

Introduced by Assembly Member Bonilla

February 27, 2015

An act to amend Section 2025.220 of the Code of Civil Procedure, relating to depositions.

LEGISLATIVE COUNSEL’S DIGEST

AB 1197, as amended, Bonilla. Deposition notices.

Existing law prescribes the procedure for taking oral depositions inside the state. Existing law requires that, unless the parties agree or the court orders otherwise, the testimony, as well as any stated objections, be taken stenographically. Existing law requires a party desiring to take the oral deposition of a person to give a notice in writing that provides specified information, including the address and date of the deposition.

This bill would require the deposition notice governed by this section to include a statement disclosing the existence of a contractual relationship, if any, between the deposition officer or entity providing the services of the deposition officer and the party noticing the deposition or a third party who is financing all or part of the action, as specified. This bill would also require the deposition notice to contain a statement disclosing that the party noticing the deposition begin insert , or a third party end insert begin insert financing all or part of the action, end insert directed his or her attorney to use a particular officer or entity to provide services for the deposition, if applicable. This bill would permit any other party to object to the use of an officer or entity if the party noticing the deposition makes such a disclosure.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 2025.220 of the Code of Civil Procedure
is amended to read:

2025.220.  

(a) A party desiring to take the oral deposition of
any person shall give notice in writing. The deposition notice shall
state all of the following:

(1) The address where the deposition will be taken.

(2) The date of the deposition, selected under Section 2025.270,
and the time it will commence.

(3) The name of each deponent, and the address and telephone
number, if known, of any deponent who is not a party to the action.
If the name of the deponent is not known, the deposition notice
shall set forth instead a general description sufficient to identify
the person or particular class to which the person belongs.

(4) The specification with reasonable particularity of any
materials or category of materials, including any electronically
stored information, to be produced by the deponent.

(5) Any intention by the party noticing the deposition to record
the testimony by audio or video technology, in addition to
recording the testimony by the stenographic method as required
by Section 2025.330 and any intention to record the testimony by
stenographic method through the instant visual display of the
testimony. If the deposition will be conducted using instant visual
display, a copy of the deposition notice shall also be given to the
deposition officer. Any offer to provide the instant visual display
of the testimony or to provide rough draft transcripts to any party
which is accepted prior to, or offered at, the deposition shall also
be made by the deposition officer at the deposition to all parties
in attendance. Any party or attorney requesting the provision of
the instant visual display of the testimony, or rough draft
transcripts, shall pay the reasonable cost of those services, which
may be no greater than the costs charged to any other party or
attorney.

(6) Any intention to reserve the right to use at trial a video
recording of the deposition testimony of a treating or consulting
physician or of any expert witness under subdivision (d) of Section
2025.620. In this event, the operator of the video camera shall be
a person who is authorized to administer an oath, and shall not be
financially interested in the action or be a relative or employee of
any attorney of any of the parties.

(7) The form in which any electronically stored information is
to be produced, if a particular form is desired.

(8) (A) A statement disclosing the existence of a contract, if
any, between begin delete the deposition officer or entity providing the services
of the deposition officer and end delete the noticing party or a third party who
is financing all or part of the action begin delete requiring that party to use the
officer or entity end delete begin insert and either of the following end insert for any service beyond
the noticed begin delete deposition. end delete begin insert deposition: end insert

begin insert (i) end insert begin insert   end insert begin insert The deposition officer. end insert

begin insert

(ii) The entity providing the services of the deposition officer.

end insert

(B) A statement disclosing that the party noticing the deposition begin insert ,
or a third party financing all or part of the action, end insert directed his or
her attorney to use a particular officer or entity to provide services
for the deposition, if applicable.

(C) (i) If a party discloses a contractual relationship or directive
pursuant to this paragraph, any other party may object in writing
at least three calendar days before the deposition date to the use
of that officer or entity.

(ii) A party shall personally serve an objection made pursuant
to this paragraph in accordance with Section 1011.

(b) Notwithstanding subdivision (a), where under Article 4
(commencing with Section 2020.410) only the production by a
nonparty of business records for copying is desired, a copy of the
deposition subpoena shall serve as the notice of deposition.