Bill Text: CA AB2020 | 2015-2016 | Regular Session | Amended

California Assembly Bill 2020 (Prior Session Legislation)

CA State Legislature page for AB2020

Bill Title: Discovery: depositions.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2020 Detail]

Download: California-2015-AB2020-Amended.html

BILL NUMBER: AB 2020	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 30, 2016

INTRODUCED BY   Assembly Member Obernolte

                        FEBRUARY 16, 2016

   An act to amend  Section   Sections 2020.410
and  2025.270 of the Code of Civil Procedure, relating to
depositions.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2020, as amended, Obernolte. Discovery: depositions.
    Existing law provides that a deposition subpoena that
commands only the production of business records for copying shall
command compliance on a date that is no earlier than 20 days after
the issuance, or 15 days after the service, of the  
subpoena, whichever is later.  Existing law  also
provides that a deposition to produce personal records of a consumer
or employment records of an employee must be scheduled at least 20
days after the issuance of the subpoena.
   This bill would instead require  a deposition subpoena
commanding the production of business records to command compliance
at least 15 days after the service of the subpoena. It would also
require   the   a  deposition 
  to produce personal records of a consumer or employment
records of an employee  to be scheduled  no earlier than
20 days after the issuance, or 15   at least 20 
days after  the service,   service  of the
 deposition subpoena, whichever date is later.  
subpoena. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 2020.410 of the   Code
of Civil Procedure   is amended to read: 
   2020.410.  (a) A deposition subpoena that commands only the
production of business records for copying shall designate the
business records to be produced either by specifically describing
each individual item or by reasonably particularizing each category
of item, and shall specify the form in which any electronically
stored information is to be produced, if a particular form is
desired.
   (b) Notwithstanding subdivision (a), specific information
identifiable only to the deponent's records system, like a policy
number or the date when a consumer interacted with the witness, is
not required.
   (c) A deposition subpoena that commands only the production of
business records for copying need not be accompanied by an affidavit
or declaration showing good cause for the production of the business
records designated in it. It shall be directed to the custodian of
those records or another person qualified to certify the records. It
shall command compliance in accordance with Section 2020.430 on a
date that is  no earlier than 20 days after the issuance, or
  at least  15 days after the  service,
  service  of the deposition  subpoena,
whichever date is later.   subpoena. 
   (d) If, under Section 1985.3 or 1985.6, the one to whom the
deposition subpoena is directed is a witness, and the business
records described in the deposition subpoena are personal records
pertaining to a consumer, the service of the deposition subpoena
shall be accompanied either by a copy of the proof of service of the
notice to the consumer described in subdivision (e) of Section
1985.3, or subdivision (b) of Section 1985.6, as applicable, or by
the consumer's written authorization to release personal records
described in paragraph (2) of subdivision (c) of Section 1985.3, or
paragraph (2) of subdivision (c) of Section 1985.6, as applicable.
   SECTION 1.   SEC. 2.   Section 2025.270
of the Code of Civil Procedure is amended to read:
   2025.270.  (a) An oral deposition shall be scheduled for a date at
least 10 days after service of the deposition notice.
   (b) Notwithstanding subdivision (a), in an unlawful detainer
action or other proceeding under Chapter 4 (commencing with Section
1159) of Title 3 of Part 3, an oral deposition shall be scheduled for
a date at least five days after service of the deposition notice,
but not later than five days before trial.
   (c) Notwithstanding subdivisions (a) and (b), if, as defined in
Section 1985.3 or 1985.6, the party giving notice of the deposition
is a subpoenaing party, and the deponent is a witness commanded by a
deposition subpoena to produce personal records of a consumer or
employment records of an employee, the deposition shall be scheduled
for a date  that is no earlier than   at least
 20 days after the  issuance, or 15 days after the
service,   service  of the deposition 
subpoena, whichever date is later.   subpoena. 
   (d) On motion or ex parte application of any party or deponent,
for good cause shown, the court may shorten or extend the time for
scheduling a deposition, or may stay its taking until the
determination of a motion for a protective order under Section
2025.420.