| by Heather Duncan, Esq.
Generally, a deposition transcript and exhibits are part of the record of a case and may be disclosed accordingly. Absent a stipulation and protective order, testimony will automatically become part of the public record when the deposition transcript is lodged or filed with the court.
| by Heather Duncan, Esq.
California Governor Jerry Brown has signed thousands of bills into law since he took office. Many of them went into effect on January 1, 2017. One of these bills, Senate Bill 1007 (now California Code of Civil Procedure 1282.5) allows any party to an arbitration the right to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing as the official record.
| by Heather Duncan, Esq.
This month’s post will review the basic rules applicable to obtaining the deposition of a non-party witness.
| by Heather Duncan, Esq.
In response to multiple inquiries from our readers, this month's post provides a basic review of the rules for obtaining third party trial and deposition transcripts from the court reporter or court reporting agency.
| by Heather Duncan, Esq.
Depositions in workers’ compensation cases are slightly different from those in California state court or federal court civil cases. In a workers’ compensation case the Workers’ Compensation Appeals Board is the trial court and the case is governed by the California Labor Code.
California Labor Code section 5710 (a) provides:
| by Heather Duncan, Esq. and Suzanne Smigliani, Esq.
In last month’s post we outlined the Top Five Tips for Using Deposition Testimony to Impeach a Witness at Trial. Below is our response to your questions on using deposition testimony from an unrelated action to impeach a witness.
First, a quick review on obtaining deposition testimony from a prior unrelated action...
| by Suzanne L. Smigliani, Esq.
California Code of Civil Procedure Section 2025.620(a) provides for any party to use a deposition to contradict or impeach the testimony of the deponent as a witness. When impeaching a witness with prior testimony consider the following:
| by Heather Duncan, Esq.
Taking the deposition of a child can be a daunting task. Below are some of the recommendations of the National Court Reporters Association regarding special steps that may be taken by both the attorney and the court reporter when dealing with the testimony of a “child of tender age.”