| by Heather Duncan, Esq.
WELCOME TO 2021!
In a time filled with uncertainty, there is one thing on which we can rely: a new year brings new California laws.
For the past five months we have focused on laws and regulations relating to court reporting and the practice of law. As is our tradition, the January Network News, lists 10 new laws unrelated to depositions.
| by Heather Duncan, Esq.
Due to recent discussions regarding review and delivery of original deposition transcripts, this month’s Network News provides verbatim sections of the California Code of Civil Procedure and Federal Rules of Civil Procedure that address the handling of the original transcripts following completion of deponent testimony.
| by Heather Duncan, Esq.
During a deposition it is important that all parties understand each other and communicate well. If a witness does not speak fluent English it may be necessary to have a professional interpreter present at the deposition.
When an interpreter will be used at a deposition, it is a good idea to keep the following ground rules in mind:
| 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.
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.
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.
| by Heather Duncan, Esq.
As business has become globalized, more attorneys are finding themselves faced with the challenges of witnesses and physical evidence located abroad. Obtaining testimony from a foreign non-party witness is often extremely difficult, but with careful planning it can be accomplished.
The California and Federal Rules of Civil Procedure generally allow depositions of non-party witnesses to be taken outside of the United States; however, the laws of the foreign country in which the witness resides must also be consulted.
| 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.