BILL NUMBER: AB 421
VETOED DATE: 09/18/2002
SEP 18, 2002
To the Member of the California State Legislature:
I am returning Assembly Bill 421 (Wayne) without my signature. This
bill would delete requirements that the operator of recording
equipment for the deposition of an expert witness may not have a
financial interest in the action or be related to or employed by an
attorney of any party, thus allowing an attorney or his or her
employee or relative, to be the operator of the video equipment.
Although there is speculation that this bill would save money for
California courts, I am not convinced that it ensures a neutral,
unbiased video recording of expert witness depositions. There are
many ways to manipulate a video recording to reflect the witness in a
negative or unfavorable manner, and I believe that removing the
requirement for a certified videographer would increase the chances
of fraudulent video recordings.
I look forward to legislation in the future that would address these
concerns, while also reducing litigation costs in California.
Sincerely,
Governor Gray Davis