AB 2020, as introduced, Obernolte. Discovery: depositions.
Existing law provides that a deposition to produce personal records of a consumer or employment records of an employee must be scheduled at least 20 days after the issuance of the subpoena.
This bill would instead require the deposition to be scheduled no earlier than 20 days after the issuance, or 15 days after the service, of the deposition subpoena, whichever date is later.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2025.270 of the Code of Civil Procedure
2 is amended to read:
(a) An oral deposition shall be scheduled for a date
4at least 10 days after service of the deposition notice.
5(b) Notwithstanding subdivision (a), in an unlawful detainer
6action or other proceeding under Chapter 4 (commencing with
7Section 1159) of Title 3 of Part 3, an oral deposition shall be
8scheduled for a date at least five days after service of the deposition
9notice, but not later than five days before trial.
P2 1(c) Notwithstanding subdivisions (a) and (b), if, as defined in
2Section 1985.3 or 1985.6, the party giving notice of the deposition
3is a subpoenaing party, and the deponent is a witness commanded
4by a deposition subpoena to produce personal records
of a
5consumer or employment records of an employee, the deposition
6shall be scheduled for a datebegin delete at least end deletebegin insert that is no earlier than end insert20
7days after begin insertthe end insertissuancebegin insert, or 15 days after the service,end insert ofbegin delete thatend deletebegin insert the
8depositionend insert subpoenabegin insert, whichever date is laterend insert.
9(d) On motion or ex parte application of any party or deponent,
10for good cause shown, the court may shorten or extend the time
11for scheduling a deposition, or may stay its taking until the
12determination of a motion for a protective order under Section
132025.420.
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