Perpetuating Testimony

4/16/2015 | by Heather Duncan, Esq.

Perpetuating testimony is the procedure permitted by both federal and California discovery rules for preserving the attestation of a witness that might otherwise be lost prior to the trial in which it is intended to be used. The usual method of perpetuating testimony is through a deposition. Perpetuation depositions in California state court cases are covered in the California Code of Civil Procedure sections 2035.010-2035.060. Perpetuation depositions in federal court matters are covered in Rule 27 of the Federal Rules of Civil Procedure.

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Taking Notice of California Deposition Requirements

3/13/2015 | by Heather Duncan, Esq.

California law provides specific and strict requirements that must be complied with in order to properly notice a deposition in a case filed in a California Superior Court. Items required to be present in the Notice of Deposition are listed in the California Code of Civil Procedure sections 2025.220 and 2025.230, and include:

•    Location
•    Date and time of commencement
•    Name of deponent
•    Address and telephone number of non-party deponent
•    Any materials to be produced by the deponent at the deposition

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Court Reporter Neutrality

1/15/2015 | by Heather Duncan, Esq.

During a deposition the court reporter is a neutral and impartial Officer of the Court, entrusted with the job of creating a record of every word spoken when the parties are on the record. The court reporter is not an agent of any one party or witness.

California court reporters must always: “Act without bias toward, or prejudice against, any parties or their attorneys and may not do anything that would compromise their impartiality.”  (California Professional Standards of Practice, Section 2475(b)).

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New California Law for 2015

12/15/2014 | by Heather Duncan, Esq.

The end of the 2014 calendar year is a good time to look at some of the changes in California law that will be taking effect in 2015.

In the court reporting arena, Assembly Bill 2370 was enacted to provide additional regulation for interpreters in court proceedings, including depositions.  Beginning January 1, 2015, whenever there is an interpreter present at a deposition, the interpreter will be required to state all of the following for the record:

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Lost in Translation

11/17/2014 | by Heather Duncan, Esq.

It is important for California attorneys to understand the role the interpreter should play in judicial proceedings, including depositions, involving a party who does not speak English.

California judicial proceedings, must be conducted, preserved and published in English [see CCP 185(a)]. Therefore, the court interpreter is tasked with translating oral proceedings from a foreign language into English. It is not the role of a court interpreter to translate from English into any foreign language.

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Reading and Signing Deposition Transcripts

10/16/2014 | by Heather Duncan, Esq.

When preparing for a deposition, particularly a deposition in a case in which you are not the primary handling attorney, it is important to ascertain where the case was filed. There are important differences between the California and the Federal rules regarding the handling of the original transcript and the right of a deponent to review and make changes.

Since 2007, the Federal Rules have been distinctly different from the California’s Rules of Civil Procedure with respect to a deponent’s right to review, read and sign his or her deposition transcript.

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What is California's seven hour deposition limit

9/16/2014 | by Heather Duncan, Esq.

As of January 1, 2013, depositions taken in cases filed in the California Superior Courts are subject to a seven-hour deposition limit under the California Code of Civil Procedure section 2025.290.

Below are the answers to some of the most frequently asked questions regarding this recent law as it relates to court reporters in a deposition.

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Remote Deposition Technology

8/15/2014 | by Heather Duncan, Esq.

It is a challenge for litigators to effectively balance the use of current technology with the need for effective discovery and litigation. One method for achieving the desired balance is the utilization of remote deposition technology. By following the rules provided below, an attorney can participate in many depositions without having to leave his or her office, or even home.

California Code of Civil Procedure 2025.310 (“CCP”) allows for the right of any person, other than the deponent, to attend a deposition by remote electronic means without the necessity of a court order or the consent of anyone, without any reason or justification, and without preconditions or limitation. 

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