BILL NUMBER: AB 1197	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2015
	AMENDED IN ASSEMBLY  APRIL 16, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

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   The
 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.  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.    This act shall be known and may be
cited as the   John Zandonella Act of 2015   .

   SECTION 1.   SEC. 2.   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 the noticing party or a third party who is financing all
or part of the action and either of the following for any service
beyond the noticed deposition:
   (i) The deposition officer.
   (ii) The entity providing the services of the deposition officer.
   (B) 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. 
   (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.