California Assembly Bill AB2020 Introduced / Bill

 BILL NUMBER: AB 2020INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Obernolte FEBRUARY 16, 2016 An act to amend Section 2025.270 of the Code of Civil Procedure, relating to depositions. LEGISLATIVE COUNSEL'S DIGEST AB 2020, as introduced, Obernolte. Discovery: depositions. Existing law 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 the deposition to be scheduled no earlier than 20 days after the issuance, or 15 days after the service, of the deposition subpoena, whichever date is later. 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 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  at least   that is no earlier than  20 days after  the  issuance  , or 15 days after the service,  of  that   the deposition  subpoena  , whichever date is later  . (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.