Amended in Senate June 23, 2015

Amended in Assembly April 16, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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.begin delete Thisend deletebegin insert Theend insert bill would also require the deposition notice to contain a statement disclosing that the party noticing the deposition, or a third party financing all or part of the action, directed his or her attorney to use a particular officer or entity to provide services for the deposition, if applicable.begin delete 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.end delete

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

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

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begin insertSECTION 1.end insert  

end insert

begin insertThis act shall be known and may be cited as the end insertbegin insert2John Zandonella Act of 2015end insertbegin insert. end insert

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begin deleteSECTION 1.end delete
4begin insertSEC. 2.end insert  

Section 2025.220 of the Code of Civil Procedure is
5amended to read:

6

2025.220.  

(a) A party desiring to take the oral deposition of
7any person shall give notice in writing. The deposition notice shall
8state all of the following:

9(1) The address where the deposition will be taken.

10(2) The date of the deposition, selected under Section 2025.270,
11and the time it will commence.

12(3) The name of each deponent, and the address and telephone
13number, if known, of any deponent who is not a party to the action.
14If the name of the deponent is not known, the deposition notice
15shall set forth instead a general description sufficient to identify
16the person or particular class to which the person belongs.

17(4) The specification with reasonable particularity of any
18materials or category of materials, including any electronically
19stored information, to be produced by the deponent.

20(5) Any intention by the party noticing the deposition to record
21the testimony by audio or video technology, in addition to
22recording the testimony by the stenographic method as required
23by Section 2025.330 and any intention to record the testimony by
24stenographic method through the instant visual display of the
25testimony. If the deposition will be conducted using instant visual
26display, a copy of the deposition notice shall also be given to the
27deposition officer. Any offer to provide the instant visual display
28of the testimony or to provide rough draft transcripts to any party
29which is accepted prior to, or offered at, the deposition shall also
30be made by the deposition officer at the deposition to all parties
31in attendance. Any party or attorney requesting the provision of
32the instant visual display of the testimony, or rough draft
P3    1transcripts, shall pay the reasonable cost of those services, which
2may be no greater than the costs charged to any other party or
3attorney.

4(6) Any intention to reserve the right to use at trial a video
5recording of the deposition testimony of a treating or consulting
6physician or of any expert witness under subdivision (d) of Section
72025.620. In this event, the operator of the video camera shall be
8a person who is authorized to administer an oath, and shall not be
9financially interested in the action or be a relative or employee of
10any attorney of any of the parties.

11(7) The form in which any electronically stored information is
12to be produced, if a particular form is desired.

13(8) (A) A statement disclosing the existence of a contract, if
14any, between the noticing party or a third party who is financing
15all or part of the action and either of the following for any service
16beyond the noticed deposition:

17(i) The deposition officer.

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

19(B) A statement disclosing that the party noticing the deposition,
20or a third party financing all or part of the action, directed his or
21her attorney to use a particular officer or entity to provide services
22for the deposition, if applicable.

begin delete

23(C) (i) If a party discloses a contractual relationship or directive
24pursuant to this paragraph, any other party may object in writing
25at least three calendar days before the deposition date to the use
26of that officer or entity.

end delete
begin delete

27(ii) A party shall personally serve an objection made pursuant
28to this paragraph in accordance with Section 1011.

end delete

29(b) Notwithstanding subdivision (a), where under Article 4
30(commencing with Section 2020.410) only the production by a
31nonparty of business records for copying is desired, a copy of the
32deposition subpoena shall serve as the notice of deposition.



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