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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Strictly off the Record...

7/15/2014 | by Heather Duncan, Esq.

STRICTLY OFF THE RECORD. . .

In this month’s post, Network Deposition Services would like to help clarify what constitutes grounds for going on and off the record at a deposition and how and when a deposition may be suspended.

During a deposition you are “on the record.” That means that the court reporter is transcribing everything that is being said by anyone in the deposition room and any legal videographer is recording the same. Simply stating “off the record,” is rarely, if ever, grounds for the court reporter to stop transcribing what is being said. 

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The Mythology of the “Standard Stipulation”

6/15/2014 | by Heather Duncan, Esq.

Depositions often end with the taking attorney looking around the room and asking the others, “standard stipulation?” The response is often disinterested nods from the other attorneys, most of whom have no idea what they may or may not have just agreed to.

It is important to keep in mind that in California there is no such thing as a “standard stipulation,” for handling the original and copy (O&1) of a deposition transcript.

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*Sex, Lies & Videotaped Deposition Proceedings

5/12/2014 | by Heather Duncan, Esq.

The California Rules of Civil Procedure 2025 et seq. and the Federal Rules of Civil Procedure Rules 30 and 31 provide guidance for recording depositions using audio and/or video.

Absent an agreement of all parties, the party who schedules the deposition is required to give notice of the intent to record the deposition by audio or video in the Notice of Deposition. Any other party may make an audio or video record of the deposition provided that all other parties are given written notice at least three calendar days before the date of the deposition. 

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