| by Heather Duncan, Esq.
WELCOME TO 2016!
A new year always brings new laws, especially in California. Assembly Bill 1197, amending the California Code of Civil Procedure Section 2025.220 went into effect on January 1, 2016.
Under the new bill, CCP Section 2025.220 addressing the legal requirements of California deposition notices was amended to require that written deposition notices contain the following:
“(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.”
What this means is that if you have been instructed by your client, or a third party paying your deposition bills (such as an insurance company) to use a particular court reporter, reporting firm or corporation providing reporting services, you must now disclose that fact in your deposition notice.
Additionally, if you know of any contract for services other than deposition services between your client or a third party paying your bills for deposition services and a court reporter, reporting firm or corporation providing reporting services, you must now disclose the contract in the notice of deposition.
The good news is that Network Deposition Services has never entered into any contract requiring disclosure under this new code section.