Document Category:
State: California
Subject Matter: New CA law requiring disclosure of contract re Depo Services
Document Title:
Comments:

Assembly Bill No. 1197

CHAPTER 346

 

An act to amend Section
2025.220 of the Code of Civil Procedure, relating to depositions.

 

[ Approved by Governor September 28, 2015. Filed with Secretary of State September 28, 2015. ]

 

LEGISLATIVE
COUNSEL’S DIGEST

AB 1197, 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 any is known to the noticing
party, 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.

Digest Key

Vote: MAJORITY Appropriation:
NO Fiscal Committee: NO Local Program: NO


Bill Text

The people of the State of California
do enact as follows:

SECTION
1.

This act shall be
known and may be cited as the John Zandonella Act of 2015.

SEC.
2.

Section 2025.220 of
the Code of Civil Procedure is amended to read:

2025.220.

(a) A party desiring
to take the oral deposition of any person shall give notice in writing. The
deposition notice shall state all of the following:

(1) The address where
the deposition will be taken.

(2) The date of the
deposition, selected under Section 2025.270, and the time it will commence.

(3) The name of each
deponent, and the address and telephone number, if known, of any deponent who
is not a party to the action. If the name of the deponent is not known, the
deposition notice shall set forth instead a general description sufficient to
identify the person or particular class to which the person belongs.

(4) The specification
with reasonable particularity of any materials or category of materials,
including any electronically stored information, to be produced by the
deponent.

(5) Any intention by
the party noticing the deposition to record the testimony by audio or video
technology, in addition to recording the testimony by the stenographic method
as required by Section 2025.330 and any intention to record the testimony by
stenographic method through the instant visual display of the testimony. If the
deposition will be conducted using instant visual display, a copy of the deposition
notice shall also be given to the deposition officer. Any offer to provide the
instant visual display of the testimony or to provide rough draft transcripts
to any party which is accepted prior to, or offered at, the deposition shall
also be made by the deposition officer at the deposition to all parties in
attendance. Any party or attorney requesting the provision of the instant
visual display of the testimony, or rough draft transcripts, shall pay the
reasonable cost of those services, which may be no greater than the costs
charged to any other party or attorney.

(6) Any intention to
reserve the right to use at trial a video recording of the deposition testimony
of a treating or consulting physician or of any expert witness under
subdivision (d) of Section 2025.620. In this event, the operator of the video
camera shall be a person who is authorized to administer an oath, and shall not
be financially interested in the action or be a relative or employee of any
attorney of any of the parties.

(7) The form in which
any electronically stored information is to be produced, if a particular form
is desired.

(8) (A) A statement disclosing the existence of a
contract, if any is known to the noticing party, between the noticing party or
a third party who is financing all or part of the action and either of the
following for any service beyond the noticed deposition:

(i) The deposition officer.

(ii) The entity providing the services of the deposition
officer.

(B) 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

(b) Notwithstanding
subdivision (a), where under Article 4 (commencing with Section 2020.410) only
the production by a nonparty of business records for copying is desired, a copy
of the deposition subpoena shall serve as the notice of deposition.

Alex Giovanniello

Giovanniello Law Group 

One Pointe Drive | Suite 300 |  Brea, CA 92821

Tel. (714) 364-4000 | Fax (714) 364-4001

afg@giolawgroup.com

 


Document Author: Legislative Counsels Digest
Firm/Company: Alex Giovanniello Giovanniello Law Group
Document Date: Sept 2015
Search Tags: CA
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