| by Heather Duncan, Esq.
Hardly a day goes by without a question about the CCP rules governing payment for California deposition transcripts. Therefore, we thought it would be helpful to our readers to review the applicable rules.
| by Heather Duncan, Esq.
It is important to understand the differences between a rough draft transcript and a final certified deposition transcript.
A rough draft can be easily distinguished from the final by the header and/or footer and the lack of certification mark on the cover.
| by Heather Duncan, Esq.
This month’s post answers your questions about the handling of an original California deposition transcript, absent a stipulation.
Often, the review and signature of an original deposition transcript are accomplished by means of a stipulation. At the conclusion of the deposition testimony, specifics regarding receipt and review of the original transcript and notification of any changes made by the deponent are spelled out on the record and agreed to by all parties.
| 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.
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.
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.