| by Heather Duncan, Esq.
In our February 2017 Network News, we outlined upon the basics of deposition confidentiality. This month, we explore some of the more specific and nuanced aspects of confidentiality, both in depositions and in court proceedings.
| by Heather Duncan, Esq.
We think of depositions as very private proceedings, but that may not always be the case. There are statutes addressing who can be present at a deposition (parties to the action, their officers and counsel) but there are no specific California or federal statutes that dictate who cannot attend. What this means is that unless they are specifically excluded by agreement or court order, anyone can attend a deposition.
| by Heather Duncan, Esq.
Under the Civil Discovery Act of 1986, California civil discovery (including the scheduling and taking of depositions) was designed to be essentially “self-executing.” That is, a party demanding discovery doesn’t need prior approval, and a responding party may object instead of providing the requested information. An objection often ends a dispute, but sometimes it doesn’t. When an objection isn’t enough, the next step may be to move the court for a protective order.
| by Heather Duncan, Esq.
Generally, a deposition transcript and exhibits are part of the record of a case and may be disclosed accordingly. Absent a stipulation and protective order, testimony will automatically become part of the public record when the deposition transcript is lodged or filed with the court.