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California Code Changes........
"Your One Stop Deposition Agency"
Serving Northern California
Since 1975
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California Code Change
California Code
of Civil Procedure 2025, which governs the
taking of oral depositions in California, was amended effective January 1, 1999 by AB
2150. This section was revised by a series of three bills in 1998 (S.B.2145 §1, A.B.1094 §22 and
A.B.2150 §4). Two of the changes affect attorneys taking depositions.
The section now
requires, interalia, that any intention to use Interactive Realtime reporting must be
stated in the deposition notice. While the Code does not yet specifically address the use
of Realtime over the Internet, we strongly recommend that any intention to use this
service also be stated in the deposition notice, along with an indication as to who will
be viewing the testimony remotely.
Code of
Civil Procedure Section 2025 is the section giving the rules for conducting oral
depositions in California state courts. This section was revised by a series of three
bills in 1998 (S.B.2145 §1, A.B.1094 §22 and A.B.2150 §4) which took affect in January
of this year. Two of the changes affect attorneys taking depositions.
Realtime
One change involves the use of realtime reporting in depositions. To ensure that all parties
are equally prepared to avail themselves of this technology, the code was amended to have
the notice state that realtime reporting (instant visual display) would be used at the
deposition.
2025(d)(5) now says that the deposition notice shall state, "any intention to record the
testimony by stenographic method, through the instant visual display of the testimony. In
the latter event, 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 is offered at, the
deposition shall also be made by the deposition officer at the deposition to all parties
in attendance."
Going off the Record
The other major change this year concerned when the reporter was to cease
recording the testimony. To clarify what to do in situations where one party
wants to go off the record and the other does not, 2025(n) has now been
amended to read, "The deposition officer shall not suspend the taking of
testimony without stipulation of the party conducting the deposition and the
deponent unless any party attending the deposition or the deponent demands
the taking of testimony be suspended to enable that party or deponent to
move for a protective order..."
Prior to these changes, the section only stated that the reporter would go off the record when a
party or the witness wanted to move for a protective order, but did not cover any other
conditions under which the taking of testimony would be suspended.
It had become practice for an attorney to just say "off the record" when not wanting a
discussion to be recorded. This would result in conflicts when one side wanted to go off
the record, but the other did not, with the court reporter left in the middle. Now the
reporter will only go off the record when the terms of the revised code are met.
Per the legislative analysis for S.B.2145, "A positive result of this bill would be to assure
the availability of recorded testimony of an entire oral deposition, including any
argumentative or abusive language, which may be used as evidence in support of a motion
for a protective order."
The full text of the law may be obtained from the California legislature's website at
www.leginfo.ca.gov.

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