| by Heather Duncan, Esq.
Over the next few months the Network News will be providing brief answers to some of our most frequently asked questions.
1. Can a Network Deposition Services court reporter or the production department make a change to a deposition transcript solely because one of the parties insists there was mistake?
Generally, NO. Once the transcript has been finalized a change requires the stipulation of all parties and the agreement of the court reporter or a court order. Additionally, once the transcript has been sent to the deponent, changes to the transcript may restart the time period for review.
2. Can a court reporter provide an attorney with a declaration as to the demeanor of another attorney or witness at a deposition?
NO. The deposition officer is prohibited from providing to any party, any party’s attorney, or any third party who is financing all or part of the action, the deposition officer’s notations or comments regarding the demeanor of any witness, attorney, or party present at the deposition (CCP 2025.32(c))
3. Does the answer to the above question change if the demeanor of an attorney was particularly egregious?
NO.
4. Does the California Code of Civil Procedure governing depositions also apply to trials?
Generally not. The California Code of Civil Procedure has provisions specifically governing depositions and the California Government Code has provisions applicable to hearings and trials. It is important to know the difference.
5. If the attorneys appear at a deposition via Network Now or by videoconference, where is the “location” of the deposition?
The location of the deposition is where the deposition was noticed and the site where the deponent appeared.
If you have any questions you would like answered, please send them to heather.duncan@networkdepo.com.