| 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:
| by Heather Duncan, Esq.
The following is a quick review on the court reporter’s duty to remain neutral and impartial and the attorney’s duty to protect the attorney work product.
We all know that the California Business & Professions Code, California Code of Civil Procedure, and California Code of Regulations all require California court reporters to uphold the strictest standards of professional neutrality and impartiality.
| by Heather Duncan, Esq.
Hardly a day goes by without a question about the CCP rules governing payment for California deposition transcripts. Therefore, we thought it would be helpful to our readers to review the applicable rules.
| by Heather Duncan, Esq.
It is important to understand the differences between a rough draft transcript and a final certified deposition transcript.
A rough draft can be easily distinguished from the final by the header and/or footer and the lack of certification mark on the cover.
| by Heather Duncan, Esq.
This month’s post answers your questions about the handling of an original California deposition transcript, absent a stipulation.
Often, the review and signature of an original deposition transcript are accomplished by means of a stipulation. At the conclusion of the deposition testimony, specifics regarding receipt and review of the original transcript and notification of any changes made by the deponent are spelled out on the record and agreed to by all parties.
| by Heather Duncan, Esq.
The simple act of correctly scheduling a deposition can sometimes be confusing. Below are the basic deposition location guidelines under the rules provided in the California Code of Civil Procedure and the Federal Rules of Civil Procedure.
The California Code of Civil Procedure dictates certain distances a noticing party can require a deponent to travel.
| by Heather Duncan, Esq.
Unlike most trial transcripts, a deposition transcript and the audio or video of deposition testimony are not public records. All parties to a case in which a deposition is taken, as well as a deponent are entitled to obtain a copy of a deposition transcript. However, there are limitations on a third party’s right to obtain a certified copy from the court reporter.
| by Heather Duncan, Esq.
This month’s post focuses on the little-known but very important case of Emerson Electric v. Superior Court (1977) 16 Cal.4th 1101. In Emerson, the California Supreme court held that a deposition is to be conducted as if the proceeding were a trial; therefore, in a videotaped deposition one is allowed to ask a deponent to reenact how an accident occurred, demonstrate a matter, or draw pictures or diagrams at a deposition.