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 anybegin insert is known to the noticing partyend insert, 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. 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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
This act shall be known and may be cited as the 2John Zandonella Act of 2015.
Section 2025.220 of the Code of Civil Procedure is
4amended to read:
(a) A party desiring to take the oral deposition of
6any person shall give notice in writing. The deposition notice shall
7state all of the following:
8(1) The address where the deposition will be taken.
9(2) The date of the deposition, selected under Section 2025.270,
10and the time it will commence.
11(3) The name of each deponent, and the address and telephone
12number, if known, of any deponent who is not a party to the action.
13If the name of the deponent is not known, the deposition notice
14shall set forth instead a general description sufficient to identify
15the person
or particular class to which the person belongs.
16(4) The specification with reasonable particularity of any
17materials or category of materials, including any electronically
18stored information, to be produced by the deponent.
19(5) Any intention by the party noticing the deposition to record
20the testimony by audio or video technology, in addition to
21recording the testimony by the stenographic method as required
22by Section 2025.330 and any intention to record the testimony by
23stenographic method through the instant visual display of the
24testimony. If the deposition will be conducted using instant visual
25display, a copy of the deposition notice shall also be given to the
26deposition officer. Any offer to provide the instant visual display
27of the testimony or to provide rough draft transcripts
to any party
28which is accepted prior to, or offered at, the deposition shall also
29be made by the deposition officer at the deposition to all parties
30in attendance. Any party or attorney requesting the provision of
31the instant visual display of the testimony, or rough draft
32transcripts, shall pay the reasonable cost of those services, which
P3 1may be no greater than the costs charged to any other party or
2attorney.
3(6) Any intention to reserve the right to use at trial a video
4recording of the deposition testimony of a treating or consulting
5physician or of any expert witness under subdivision (d) of Section
62025.620. In this event, the operator of the video camera shall be
7a person who is authorized to administer an oath, and shall not be
8financially interested in the action or be a relative or employee of
9any attorney of any of the
parties.
10(7) The form in which any electronically stored information is
11to be produced, if a particular form is desired.
12(8) (A) A statement disclosing the existence of a contract, if
13anybegin insert is known to the noticing partyend insert, between the noticing party or
14a third party who is financing all or part of the action and either
15of the following for any service beyond the noticed deposition:
16(i) The deposition officer.
17(ii) The entity providing the services of the deposition officer.
18(B) A statement
disclosing that the party noticing the deposition,
19or a third party financing all or part of the action, directed his or
20her attorney to use a particular officer or entity to provide services
21for the deposition, if applicable.
22(b) Notwithstanding subdivision (a), where under Article 4
23(commencing with Section 2020.410) only the production by a
24nonparty of business records for copying is desired, a copy of the
25deposition subpoena shall serve as the notice of deposition.
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