| 1 | | - | Assembly Bill No. 3019 CHAPTER 268An act to amend Section 2025.220 of the Code of Civil Procedure, relating to depositions. [ Approved by Governor September 05, 2018. Filed with Secretary of State September 05, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 3019, Reyes. Deposition notices.Existing law prescribes the procedure for taking oral depositions inside the state. Existing law requires a party desiring to take the oral deposition of a person to give 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 be written in at least 12-point type, and make a technical change.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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, in at least 12-point type:(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 an 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. |
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| 1 | + | Enrolled August 27, 2018 Passed IN Senate August 24, 2018 Passed IN Assembly May 14, 2018 Amended IN Assembly April 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3019Introduced by Assembly Member Reyes(Coauthors: Senators Hertzberg and Roth)February 16, 2018An act to amend Section 2025.220 of the Code of Civil Procedure, relating to depositions.LEGISLATIVE COUNSEL'S DIGESTAB 3019, Reyes. Deposition notices.Existing law prescribes the procedure for taking oral depositions inside the state. Existing law requires a party desiring to take the oral deposition of a person to give 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 be written in at least 12-point type, and make a technical change.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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, in at least 12-point type:(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 an 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. |
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| 11 | 22 | | |
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| 12 | 23 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 13 | 24 | | |
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| 14 | 25 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 15 | 26 | | |
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| 16 | 27 | | AB 3019, Reyes. Deposition notices. |
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| 17 | 28 | | |
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| 18 | 29 | | Existing law prescribes the procedure for taking oral depositions inside the state. Existing law requires a party desiring to take the oral deposition of a person to give 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 be written in at least 12-point type, and make a technical change. |
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| 19 | 30 | | |
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| 20 | 31 | | Existing law prescribes the procedure for taking oral depositions inside the state. Existing law requires a party desiring to take the oral deposition of a person to give notice in writing that provides specified information, including the address and date of the deposition. |
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| 21 | 32 | | |
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| 22 | 33 | | This bill would require the deposition notice governed by this section to be written in at least 12-point type, and make a technical change. |
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| 23 | 34 | | |
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| 24 | 35 | | ## Digest Key |
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| 25 | 36 | | |
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| 26 | 37 | | ## Bill Text |
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| 27 | 38 | | |
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| 28 | 39 | | The people of the State of California do enact as follows:SECTION 1. 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, in at least 12-point type:(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 an 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. |
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| 29 | 40 | | |
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| 30 | 41 | | The people of the State of California do enact as follows: |
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| 31 | 42 | | |
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| 32 | 43 | | ## The people of the State of California do enact as follows: |
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| 33 | 44 | | |
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| 34 | 45 | | SECTION 1. 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, in at least 12-point type:(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 an 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. |
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| 35 | 46 | | |
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| 36 | 47 | | SECTION 1. Section 2025.220 of the Code of Civil Procedure is amended to read: |
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| 37 | 48 | | |
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| 38 | 49 | | ### SECTION 1. |
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| 39 | 50 | | |
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| 40 | 51 | | 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, in at least 12-point type:(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 an 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. |
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| 41 | 52 | | |
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| 42 | 53 | | 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, in at least 12-point type:(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 an 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. |
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| 43 | 54 | | |
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| 44 | 55 | | 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, in at least 12-point type:(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 an 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. |
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| 45 | 56 | | |
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| 46 | 57 | | |
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| 47 | 58 | | |
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| 48 | 59 | | 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, in at least 12-point type: |
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| 49 | 60 | | |
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| 50 | 61 | | (1) The address where the deposition will be taken. |
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| 51 | 62 | | |
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| 52 | 63 | | (2) The date of the deposition, selected under Section 2025.270, and the time it will commence. |
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| 53 | 64 | | |
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| 54 | 65 | | (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. |
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| 55 | 66 | | |
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| 56 | 67 | | (4) The specification with reasonable particularity of any materials or category of materials, including any electronically stored information, to be produced by the deponent. |
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| 57 | 68 | | |
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| 58 | 69 | | (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. |
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| 59 | 70 | | |
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| 60 | 71 | | (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 an 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. |
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| 61 | 72 | | |
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| 62 | 73 | | (7) The form in which any electronically stored information is to be produced, if a particular form is desired. |
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| 63 | 74 | | |
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| 64 | 75 | | (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: |
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| 65 | 76 | | |
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| 66 | 77 | | (i) The deposition officer. |
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| 67 | 78 | | |
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| 68 | 79 | | (ii) The entity providing the services of the deposition officer. |
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| 69 | 80 | | |
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| 70 | 81 | | (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. |
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| 71 | 82 | | |
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| 72 | 83 | | (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. |
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