| by Heather Duncan, Esq.
By now, most of us understand that during a deposition the court reporter is an impartial officer of the court entrusted with taking down a verbatim record of what is said. What may not be as clear is that the reporter’s duty of neutrality extends well beyond the time on the record.
| 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.
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.
Under the California Code of Civil Procedure (CCP) Section 2025.480, if a deponent fails to answer any questions or to produce any document or tangible thing under the deponent’s control, the party seeking discovery may seek a court order to compel.
| by Heather Duncan, Esq.
This month’s Network News is focused on clearing some of the confusion that often surrounds the handling of a judgment debtor’s examination (JDE). A JDE, also known as an Order for Appearance or ORAP, is a common preliminary step taken by a judgment creditor before initiating collection efforts.
| 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.
| 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 Suzanne L. Smigliani, Esq.
California Code of Civil Procedure Section 2025.620(a) provides for any party to use a deposition to contradict or impeach the testimony of the deponent as a witness. When impeaching a witness with prior testimony consider the following: