Bill Text: CA SB1146 | 2019-2020 | Regular Session | Amended


Bill Title: Oral depositions: transcripts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-03-25 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB1146 Detail]

Download: California-2019-SB1146-Amended.html

Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1146


Introduced by Senator Umberg

February 20, 2020


An act to amend Section 1005 of the Code of Civil Procedure, relating to civil procedure. An act to amend Section 2025.550 of the Code of Civil Procedure, relating to depositions.


LEGISLATIVE COUNSEL'S DIGEST


SB 1146, as amended, Umberg. Civil procedure: motions. Oral depositions: transcripts.
The Civil Discovery Act authorizes a party to obtain discovery by taking in California the oral deposition of any person. Oral depositions must be conducted under the supervision of a deposition officer, as specified, and the testimony must be taken stenographically and then transcribed. The act provides procedures for the deponent to read, correct, approve, and sign the original deposition transcript and requires the deposition officer to certify and promptly transmit the transcript to the attorney of the party who noticed the deposition. The act authorizes the parties to modify these procedures by written stipulation.
This bill would specify that the parties may stipulate to relieve the deposition officer and the attorney for the party who noticed the deposition of their duties relating to custody of the original transcript and to adopt a modified procedure for the review, correction, approval, and custody of the original transcript.

Existing law prescribes the written notice that must be made for certain motions.

This bill would make technical, nonsubstantive changes to this provision of law.

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

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


SECTION 1.

 Section 2025.550 of the Code of Civil Procedure is amended to read:

2025.550.
 (a) The certified transcript of a deposition shall not be filed with the court. Instead, the deposition officer shall securely seal that transcript in an envelope or package endorsed with the title of the action and marked: “Deposition of (here insert name of deponent),” and shall promptly transmit it to the attorney for the party who noticed the deposition. This attorney shall store it under conditions that will protect it against loss, destruction, or tampering.
(b) The attorney to whom the transcript of a deposition is transmitted shall retain custody of it until six months after final disposition of the action. At that time, the transcript may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the transcript be preserved for a longer period.
(c) (1) Notwithstanding any other law, the parties may stipulate at the conclusion of the deposition to any of the following:
(A) That the deposition officer and the attorney for the party who noticed the deposition are relieved of the duties imposed by the Code of Civil Procedure relating to custody of the original transcript.
(B) That the deposition officer shall send the original transcript to the deponent or the attorney for the deponent.
(C) The amount of time for the deponent to read, correct, approve, and sign the deposition. The deponent or the attorney for the deponent shall advise the parties of any corrections made to the transcript within the agreed to period of time. If the deponent fails or refuses to approve the transcript within the agreed to period of time, the deposition shall be given the same effect as though it had been approved, subject to any changes timely made by the deponent.
(D) Which attorney shall maintain custody of the original transcript and exhibits. The designated attorney shall make the original transcript and exhibits available to all other parties upon reasonable request.
(E) That a certified copy of the transcript may be used with the same force and effect as the original transcript, including at trial.
(2) Nothing in this subdivision diminishes the authority of the parties to stipulate to discovery procedure modifications pursuant to Section 2016.030.

SECTION 1.Section 1005 of the Code of Civil Procedure is amended to read:
1005.

(a)Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions:

(1)Notice of Application and Hearing for Writ of Attachment under Section 484.040.

(2)Notice of Application and Hearing for Claim and Delivery under Section 512.030.

(3)Notice of Hearing for Claim of Exemption under Section 706.105.

(4)Motion to Quash Summons pursuant to subdivision (b) of Section 418.10.

(5)Motion for Determination of Good Faith Settlement pursuant to Section 877.6.

(6)Hearing for Discovery of Peace Officer Personnel Records in a civil action pursuant to Section 1043 of the Evidence Code.

(7)Notice of Hearing of Third-Party Claim pursuant to Section 720.320.

(8)Motion for an Order to Attend Deposition more than 150 miles from deponent’s residence pursuant to Section 2025.260.

(9)Notice of Hearing of Application for Relief pursuant to Section 946.6 of the Government Code.

(10)Motion to Set Aside Default or Default Judgment and for Leave to Defend Actions pursuant to Section 473.5.

(11)Motion to Expunge Notice of Pendency of Action pursuant to Section 405.30.

(12)Motion to Set Aside Default and for Leave to Amend pursuant to Section 585.5.

(13)Any other proceeding under this code in which notice is required, and no other time or method is prescribed by law or by court or judge.

(b)(1)Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section. All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing.

(2)The court, or a judge thereof, may prescribe a shorter time.

(c)(1)Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed. This subdivision applies to the service of opposition and reply papers regarding motions for summary judgment or summary adjudication, in addition to the motions listed in subdivision (a).

(2)The court, or a judge thereof, may prescribe a shorter time.

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