AB 2006, as introduced, Wagner. Depositions: video recordings.
Existing law prescribes the procedure for taking oral depositions inside the state, including the procedure for recording a deposition by means of audio or video technology. At the trial or any hearing in an action, existing law authorizes the use of a deposition against a party for specified purposes.
This bill would define “use of a deposition” to mean the use of a transcript or a video recording of the deposition testimony.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2025.620 of the Code of Civil Procedure
2 is amended to read:
At the trial or any other hearing in the action, any
4part or all of a deposition may be used againstbegin delete anyend deletebegin insert aend insert party who
5was present or represented at the taking of the deposition, or who
6had due notice of the deposition and did not serve a valid objection
7under Section 2025.410, so far as admissible under the rules of
8evidence applied asbegin delete thoughend deletebegin insert ifend insert the deponent were then present and
P2 1testifying as a witness,begin delete in accordance with the following provisionsend delete
2begin insert
as followsend insert:
3(a) Any party may use a deposition for the purpose of
4contradicting or impeaching the testimony of the deponent as a
5witness, or for any other purpose permitted by the Evidence Code.
6(b) An adverse party may use for anybegin delete purpose,end deletebegin insert purposeend insert a
7deposition of a party to thebegin delete action,end deletebegin insert actionend insert
or of anyone who at the
8time of taking the deposition was an officer, director, managing
9agent, employee, agent, or designee under Section 2025.230 of a
10party. It is not ground for objection to the use of a deposition of a
11party under this subdivision by an adverse party that the deponent
12is available to testify, has testified, or will testify at the trial or
13other hearing.
14(c) Any party may use for any purpose the deposition of any
15person or organization, including that of any party to the action,
16if the court finds any of the following:
17(1) The deponent resides more than 150 miles from the place
18of the trial or other hearing.
19(2) The deponent, without the procurement or wrongdoing of
20the proponent of the deposition for the purpose of preventing
21testimony in open court, is any of the following:
22(A) Exempted or precluded on the ground of privilege from
23testifying concerning the matter to which the deponent’s testimony
24is relevant.
25(B) Disqualified from testifying.
26(C) Dead or unable to attend or testify because of existing
27physical or mental illness or infirmity.
28(D) Absent from the trial or other hearing and the court is unable
29to compel the deponent’s attendance by its process.
30(E) Absent from the trial or other hearing and the proponent of
31the deposition has exercised reasonable diligence but has been
32unable to procure the deponent’s attendance by the court’s process.
33(3) Exceptional circumstances exist that make it
desirable to
34allow the use of any deposition in the interests of justice and with
35due regard to the importance of presenting the testimony of
36witnesses orally in open court.
37(d) begin deleteAny end deletebegin insertNowithstanding subdivision (b), any end insertparty may use a
38video recording of the deposition testimony of a treating or
39consulting physician or of any expert witness even though the
40deponent is available to testify if the deposition notice under
P3 1Section 2025.220 reserved the right to use thebegin delete depositionend deletebegin insert video
2recordingend insert at trial, and if that party has complied with subdivision
3(m) of Section
2025.340.
4(e) As used in this section, to “use a deposition” means to use
5a transcript or a video recording of the deposition testimony.
6(e)
end delete
7begin insert(f)end insert Subject to the requirements of this chapter, a party may offer
8in evidence all or any part of abegin delete deposition, and ifend deletebegin insert
deposition. Ifend insert the
9party introduces only part of the deposition, any other party may
10introduce any other parts that are relevant to the parts introduced.
11(f)
end delete
12begin insert(g)end insert Substitution of parties does not affect the right to use
13depositions previously taken.
14(g)
end delete
15begin insert(h)end insert begin deleteWhen end deletebegin insertIf
end insertan action has been brought in any court of the
16United States or of anybegin delete state,end deletebegin insert stateend insert and another action involving
17the same subject matter is subsequently brought between the same
18parties or their representatives or successors in interest, all
19depositions lawfully taken and duly filed in the initial action may
20be used in the subsequent action as if originally taken in that
21subsequent action. A deposition previously taken may also be used
22as permitted by the Evidence Code.
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