| 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.
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.
| 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.
| by Heather Duncan, Esq.
Network Deposition Services, Inc., is pleased to bring you Deposition Tips and Techniques designed to assist you in your quest to become a true deposition connoisseur.
Our first post comes to you courtesy of court reporter Jane Bramblett, CSR No. 7574, RPR, CLR, CCRR.
A FEW THINGS COURT REPORTERS WOULD LIKE ATTORNEYS TO KEEP IN MIND DURING A DEPOSITION: