Once or twice a year our court reporting firm gets a request from an attorney to purchase a deposition transcript of a witness, and that attorney does not represent anyone in the case. Because Kramm has archived past depositions, exhibits, and video, the testimony is available. When we get the call from the attorney making the request, typically she/he is not quite sure how to go about getting the transcript. We will send 2025.570 to the attorney and ask if they want us to proceed and mail out the notice letter. The notice letter will trigger the 30-day clock wherein a party to the case can seek a protective order so that the deposition testimony cannot be sold to the requesting party.
Note: 2025.570 shall only apply to recorded testimony taken at depositions occurring on or after January 1, 1998.
The code section reads as follows:
2025.570. (a) Notwithstanding subdivision (b) of Section 2025.320, unless the court issues an order to the contrary, a copy of the transcript of the deposition testimony made by, or at the direction of, any party, or an audio or video recording of the deposition testimony, if still in the possession of the deposition officer, shall be made available by the deposition officer to any person requesting a copy, on payment of a reasonable charge set by the deposition officer.
(b) If a copy is requested from the deposition officer, the deposition officer shall mail a notice to all parties attending the deposition and to the deponent at the deponent’s last known address advising them of all of the following:
(1) The copy is being sought.
(2) The name of the person requesting the copy.
(3) The right to seek a protective order under Section 2025.420.
(c) If a protective order is not served on the deposition officer within 30 days of the mailing of the notice, the deposition officer shall make the copy available to the person requesting the copy.
(d) This section shall apply only to recorded testimony taken at depositions occurring on or after January 1, 1998.
This method of obtaining transcripts and video only applies to cases filed in California State Courts.
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