| 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.
As we all know, mistakes happen. An attorney at a deposition may inadvertently mark the wrong document or use the wrong name when referencing an individual or entity.
However, once a final deposition transcript has been produced and all parties have been notified, there are specific procedures that must be followed before any changes can be made.
| 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.
| 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.
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:
| 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.
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)).