A new law requires language to be added to Notices of Deposition, AB 1197, effective January 1, 2016, authored by Assemblywoman Susan Bonilla.
CA CCP 2025.220 now reads as follows with the addition of section (8):
California Code of Civil Procedure 2025.220
- A party desiring to take the oral deposition of any person shall give notice in writing.
The deposition notice shall state all of the following:
(1) The address where the deposition will be taken.
(2) The date of the deposition, selected under Section 2025.270, and the time it will commence.
(3) The name of each deponent, and the address and telephone number, if known, of any
deponent who is not a party to the action. If the name of the deponent is not known, the
deposition notice shall set forth instead a general description sufficient to identify the person or particular class to which the person belongs.
(4) The specification with reasonable particularity of any materials or category of materials, including any electronically stored information, to be produced by the deponent.
(5) Any intention by the party noticing the deposition to record the testimony by audio or video technology, in addition to recording the testimony by the stenographic method as required by Section 2025.330 and any intention to record the testimony by stenographic method through the instant visual display of the testimony. If the deposition will be conducted using instant visual display, a copy of the deposition notice shall also be given to the deposition officer. Any offer to provide the instant visual display of the testimony or to provide rough draft transcripts to any party which is accepted prior to, or offered at, the deposition shall also be made by the deposition officer at the deposition to all parties in attendance. Any party or attorney requesting the provision of the instant visual display of the testimony, or rough draft transcripts, shall pay the reasonable cost of those services, which may be no greater than the costs charged to any other party or attorney.
(6) Any intention to reserve the right to use at trial a video recording of the deposition testimony of a treating or consulting physician or of any expert witness under subdivision (d) of Section 2025.620. In this event, the operator of the video camera shall be a person who is authorized to administer an oath, and shall not be financially interested in the action or be a relative or employee of any attorney of any of the parties.
(7) The form in which any electronically stored information is to be produced, if a particular form is desired.
(8) (A) A statement disclosing the existence of a contract, if any is known to the noticing party, between the noticing party or a third party who is financing all or part of the action and either of the following for any service beyond the noticed deposition:
(i) The deposition officer
(ii) The entity providing the services of the deposition officer
(B) A statement disclosing that the party noticing the deposition, or a third party financing
all or part of the action, directed his or her attorney to use a particular officer or entity to
provide services for the deposition, if applicable.
Below is sample language that law firms can use to comply with Section (8)
The undersigned counsel has been directed to use the court reporting firm that will be used to report the deposition.
There is a contract between the party noticing this deposition or the entity financing the litigation and the court reporting firm that will be used to report the deposition.
The aforementioned contract includes the court reporting firm providing services beyond deposition services.
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