AB 2006, as amended, 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 against a party who was
5present or represented at the taking of the deposition, or who had
6due notice of the deposition and did not serve a valid objection
7under Section 2025.410, so far as admissible under the rules of
P2 1evidence applied as if the deponent were then present and testifying
2as a witness,
as follows:
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 any purpose a deposition of
7a party to the action or of anyone who at the time of taking the
8deposition was an officer, director, managing agent, employee,
9agent, or designee under Section 2025.230 of a party. It is not
10ground for objection to the use of a deposition of a party under
11this subdivision by an adverse party that the deponent is available
12to testify, has testified, or will testify at the trial or other hearing.
13(c) Any party may use for any purpose the deposition of any
14person
or organization, including that of any party to the action,
15if the court finds any of the following:
16(1) The deponent resides more than 150 miles from the place
17of the trial or other hearing.
18(2) The deponent, without the procurement or wrongdoing of
19the proponent of the deposition for the purpose of preventing
20testimony in open court, is any of the following:
21(A) Exempted or precluded on the ground of privilege from
22testifying concerning the matter to which the deponent’s testimony
23is relevant.
24(B) Disqualified from testifying.
25(C) Dead or unable to attend or testify because of existing
26physical
or mental illness or infirmity.
27(D) Absent from the trial or other hearing and the court is unable
28to compel the deponent’s attendance by its process.
29(E) Absent from the trial or other hearing and the proponent of
30the deposition has exercised reasonable diligence but has been
31unable to procure the deponent’s attendance by the court’s process.
32(3) Exceptional circumstances exist that make it desirable to
33allow the use of any deposition in the interests of justice and with
34due regard to the importance of presenting the testimony of
35witnesses orally in open court.
36(d) begin deleteNowithstanding subdivision (b), any end deletebegin insertAny
end insertparty may use a
37video recording of the deposition testimony of a treating or
38consulting physician or of any expert witness even though the
39deponent is available to testify if the deposition notice under
40Section 2025.220 reserved the right to use the video recording at
P3 1trial, and if that party has complied with subdivision (m) of Section
22025.340.
3(e) As used in this section, to “use a deposition” means to use
4a transcript or a video recording of the deposition testimony.
5(f) Subject to the requirements of this chapter, a party may offer
6in evidence all or any part of a deposition. If the party introduces
7only part of the deposition, any other party may introduce any
8other parts that are relevant to the parts introduced.
9(g) Substitution of parties does not affect the right to use
10depositions previously taken.
11(h) If an action has been brought in any court of the United
12States or of any state and another action involving the same subject
13matter is subsequently brought between the same parties or their
14representatives or successors in interest, all depositions lawfully
15taken and duly filed in the initial action may be used in the
16subsequent action as if originally taken in that subsequent action.
17A deposition previously taken may also be used as permitted by
18the Evidence Code.
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