Existing law prescribes the procedure for taking oral depositions inside the state. Existing law requires a party desiring to take the oral deposition of a person to give notice in writing that provides specified information, including the address and date of the deposition.

This bill would require the deposition notice governed by this section to be written in at least 12-point type, and make a technical change.

Existing law prescribes the procedure for taking oral depositions inside the state. Existing law requires a party desiring to take the oral deposition of a person to give notice in writing that provides specified information, including the address and date of the deposition.

This bill would require the deposition notice governed by this section to be written in at least 12-point type, and make a technical change.

The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. Existing law, until January 1, 2019, requires the board of trustees to charge an annual membership fee for active members in a specified amount for 2018 and provides that the annual membership fee for active members is payable on or before the first day of February.

This bill would require the mandatory membership fees billing statement to include a voluntary checkoff box for members to make an optional donation to the Other Bar, which is an existing specified program designed for attorneys in substance abuse recovery, and would require the State Bar to transfer any funds collected to the Other Bar.

 THIRD READING  

Bill No: AB 3019

Author:

:

Vote:

SENATE JUDICIARY COMMITTEE: 5-1, 6/12/18

AYES: Jackson, Hertzberg, Monning, Stern, Wieckowski

NOES: Anderson

NO VOTE RECORDED: Moorlach

ASSEMBLY FLOOR: 58-9, 5/14/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires a notice of oral deposition to be written in at least 12-point type.

ANALYSIS:

Existing law:

1. Provides, in the Civil Discovery Act, procedures by which parties to a civil action conduct and obtain “discovery.” (Code Civ. Proc. Sec. 2016.010 et seq.)
2. Provides that, unless otherwise limited by order of the court, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property. (Code Civ. Proc. Sec. 2017.010.)
3. Provides that an oral deposition may be taken as follows:

• the defendant may serve a deposition notice without leave of court at any time after that defendant has been served or has appeared in the action, whichever occurs first; and
• the plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. On motion with or without notice, the court, for good cause shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date. (Code Civ. Proc. Sec. 2025.210.)

1. Provides that a party desiring to take the oral deposition of any person shall give notice in writing. The deposition notice shall state specified information including the address of the deposition and any materials being requested. (Code Civ. Proc. Sec. 2025.220.)

This bill requires the oral deposition notice required by Section 2025.220 of the Code of Civil Procedure to be in 12-point type.

Background

The Civil Discovery Act (Act) applies to every civil action and special proceeding of a civil nature, unless there is a statutory exception. Discovery is the formal exchange of evidentiary information and materials between parties to a pending action. Generally, the Act permits any party to a civil action to obtain discovery regarding any matter, not privileged, that is relevant to the subject matter in the pending action or to the determination of any motion made in that action, if the matter either is admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. The intention of California’s broad discovery statutes is to make discovery a “simple, convenient, and inexpensive” means of revealing the truth and exposing false claims, to “educate the parties concerning their claims and defenses so as to encourage settlements and to expedite and facilitate trial,” and eliminate surprise. Moreover, California courts have reiterated that discovery provisions are to be liberally construed in favor of disclosure.

Under the Act, discovery can be obtained by inspecting documents, electronically stored information, tangible things, and land or other property in the possession of any other party to the action. Primary devices to conduct discovery include interrogatories, depositions, requests for admissions, and requests for production.

Specifically, a party desiring to take an oral deposition of any person must give notice in writing, providing all of the relevant details. This bill requires that notice to be in at least 12-point type.

Comments

The author states:

AB 3019 is a simple technical bill which requires all notices of oral deposition to be in 12-point font for legibility. Existing law already requires that parties desiring to take oral depositions from any person to give written notice of the deposition to that person. This bill simply ensures that the notice of deposition, along with the already required information, is in at least 12-point font.

Clarity in deposition notice. Discovery is intended to aid the parties to litigation in revealing the truth and to educate them on relevant matters. An oral deposition is one of these tools. When a party seeks to take an oral deposition, it must notice the desired deponent in writing. The notice must lay out a host of important information regarding the deposition, including the logistical details of the deposition, information regarding materials being requested, and disclosure of certain contractual relationships between the noticing party and the deposition officer.

This bill ensures that the information contained in the deposition notice is clearly legible to the potential deponent receiving the notice by requiring it be written in at least 12-point type.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/13/18)

None received

OPPOSITION: (Verified 6/13/18)

None received

ASSEMBLY FLOOR: 58-9, 5/14/18

AYES: Acosta, Aguiar-Curry, Arambula, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chiu, Choi, Chu, Cooley, Cooper, Daly, Eggman, Frazier, Friedman, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Wood, Rendon

NOES: Travis Allen, Baker, Bigelow, Brough, Cunningham, Gallagher, Harper, Mathis, Melendez

NO VOTE RECORDED: Chávez, Chen, Dahle, Flora, Fong, Cristina Garcia, Kiley, Mayes, Patterson, Steinorth, Voepel

Prepared by:

6/15/18 11:13:00

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2017-2018 Regular Session

Bill No: AB 3019 (Author:Reyes)

Version: April 19, 2018

Hearing Date: June 12, 2018

Fiscal: No

Urgency: No

Consultant: CK

SUBJECT

Deposition notices

DESCRIPTION

This bill would require a notice of oral deposition to be written in at least 12-point type.

BACKGROUND

The Civil Discovery Act (“the Act”) applies to every civil action and special proceeding of a civil nature, unless there is a statutory exception. Discovery is the formal exchange of evidentiary information and materials between parties to a pending action. Generally, the Act permits any party to a civil action to obtain discovery regarding any matter, not privileged, that is relevant to the subject matter in the pending action or to the determination of any motion made in that action, if the matter either is admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. The intention of California’s broad discovery statutes is to make discovery a “simple, convenient, and inexpensive” means of revealing the truth and exposing false claims, to “educate the parties concerning their claims and defenses so as to encourage settlements and to expedite and facilitate trial,” and eliminate surprise. Moreover, California courts have reiterated that discovery provisions are to be liberally construed in favor of disclosure.

Under the Act, discovery can be obtained by inspecting documents, electronically stored information, tangible things, and land or other property in the possession of any other party to the action. Primary devices to conduct discovery include interrogatories, depositions, requests for admissions, and requests for production.

Specifically, a party desiring to take an oral deposition of any person must give notice in writing, providing all of the relevant details. This bill would require that notice to be in at least 12-point type.

CHANGES TO EXISTING LAW

Existing law, the Civil Discovery Act, provides procedures by which parties to a civil action conduct and obtain “discovery.” (Code Civ. Proc. Sec. 2016.010 et seq.)

Existing law provides that, unless otherwise limited by order of the court, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property. (Code Civ. Proc. Sec. 2017.010.)

Existing law provides that an oral deposition may be taken as follows:

• the defendant may serve a deposition notice without leave of court at any time after that defendant has been served or has appeared in the action, whichever occurs first; and
• the plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. On motion with or without notice, the court, for good cause shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date. (Code Civ. Proc. Sec. 2025.210.)

Existing law provides that 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:

• the address where the deposition will be taken;
• the date of the deposition, selected pursuant to specified law, and the time it will commence;
• the name of each deponent, and the address and telephone number, if known, of any deponent who is not a party to the action or, if the name of the deponent is not known, a general description sufficient to identify the person or particular class to which the person belongs;
• the specification with reasonable particularity of any materials or category of materials, including any electronically stored information, to be produced by the deponent;
• 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 under existing law, and any intention to record the testimony by stenographic method through the instant visual display of the testimony;
• 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;
• the form in which any electronically stored information is to be produced, if a particular form is desired; and
• 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 the deposition officer or entity providing the services of the deposition officer for any service beyond the noticed deposition. (Code Civ. Proc. Sec. 2025.220.)

This bill would require the oral deposition notice required by Section 2025.220 of the Code of Civil Procedure to be in 12-point type.

COMMENT

1. Stated need for the bill

According to the author:

AB 3019 is a simple technical bill which requires all notices of oral deposition to be in 12-point font for legibility. Existing law already requires that parties desiring to take oral depositions from any person to give written notice of the deposition to that person. This bill simply ensures that the notice of deposition, along with the already required information, is in at least 12-point font.

2. Clarity in deposition notice

Discovery is intended to aid the parties to litigation in revealing the truth and to educate them on relevant matters. An oral deposition is one of these tools. When a party seeks to take an oral deposition, it must notice the desired deponent in writing. The notice must lay out a host of important information regarding the deposition, including the logistical details of the deposition, information regarding materials being requested, and disclosure of certain contractual relationships between the noticing party and the deposition officer.

This bill would ensure that the information contained in the deposition notice is clearly legible to the potential deponent receiving the notice by requiring it be written in at least 12-point type.

Support: None Known

Opposition: None Known

HISTORY

Source: Author

Related Pending Legislation: None Known

Prior Legislation: AB 1197 (Bonilla, Ch. 346, Stats. 2015) added to existing requirements of a deposition notice, a disclosure regarding certain contractual relationships between parties to the deposition and the deposition officer or entity providing the services of the deposition officer, if any are known.

Prior Vote:

Assembly Floor (Ayes 58, Noes 9)

Assembly Judiciary Committee (Ayes 8, Noes 0)

**************

ASSEMBLY THIRD READING

ATR Bill Id:AB 3019

Author:(Reyes)

As Amended Ver:April 19, 2018

Majority vote

SUMMARY: Ensures that a notice for an oral deposition is reasonably legible. Specifically, this bill requires a notice for an oral deposition, required under existing law to be in writing and to include specified information, to also be in 12-point type.

EXISTING LAW:

1. Requires that a party desiring to take the oral deposition of any person to give a written notice of the deposition to that person. (Code of Civil Procedure Section (CCP) 2025.220.)
2. Requires the written notice to state all of the following:
   1. The address where the deposition will be taken.
   2. The date of the deposition, selected under CCP 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 CCP Section 2025.330 and any intention to record the testimony by stenographic method through the instant visual display of the testimony.
   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 CCP Section 2025.620(d). 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 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:
   9. The deposition officer.
   10. The entity providing the services of the deposition officer.
   11. 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.
3. Provides that notwithstanding 1) and 2), above, when only the production by a nonparty of business records for copying is desired, a copy of the deposition subpoena shall also serve as the notice of the deposition.

FISCAL EFFECT: None

COMMENTS: This bill seeks to ensure that a notice of an oral deposition is reasonably legible. Existing law requires the notice to be in writing and to include a number of specific items of information. Existing law does not, however, include a minimum font size requirement for the required text of the required notice. This bill does just that by requiring the notice to be in 12-point type.

Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334 FN: 0002819

Date of Hearing: May 8, 2018

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AB 3019

Author:(Reyes) – As Amended Ver:April 19, 2018

SUBJECT: DEPOSITION NOTICES

KEY ISSUE: SHOULD A NOTICE FOR AN ORAL DEPOSITION, WHICH IS REQUIRED BY EXISTING LAW TO BE IN WRITING AND TO INCLUDE SPECIFIED INFORMATION, ALSO BE REQUIRED TO BE IN 12-POINT TYPE?

SYNOPSIS

This straightforward and simple bill merely seeks to ensure that a notice of an oral deposition is reasonably legible. Although existing law requires the notice to be in writing and to include a number of specific items of information, it does not, however, include a minimum font size requirement for the required text of the required notice. This bill does just that by requiring the notice to be in 12-point type. This non-controversial, author-sponsored bill has no support or opposition on file.

SUMMARY: Ensures that a notice for an oral deposition is reasonably legible. Specifically, this bill requires a notice for an oral deposition, required under existing law to be in writing and to include specified information, to also be in 12-point type.

EXISTING LAW:

1. Requires that a party desiring to take the oral deposition of any person to give a written notice of the deposition to that person. (Code of Civil Procedure Section 2025.220.)
2. Requires the written notice to state all of the following:
3. The address where the deposition will be taken.
4. The date of the deposition, selected under Section 2025.270, and the time it will commence.
5. 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.
6. The specification with reasonable particularity of any materials or category of materials, including any electronically stored information, to be produced by the deponent.
7. 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.
8. 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.
9. The form in which any electronically stored information is to be produced, if a particular form is desired.
10. 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:
11. The deposition officer.
12. The entity providing the services of the deposition officer.
13. 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.
14. Provides that 1) and 2), above, when only the production by a nonparty of business records for copying is desired, a copy of the deposition subpoena shall serve as the notice of deposition.

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS: This bill seeks to ensure that a notice of an oral deposition is reasonably legible. Existing law requires the notice to be in writing and to include a number of specific items of information. Existing law does not, however, include a minimum font size requirement for the required text of the required notice. This bill does just that by requiring the notice to be in 12-point type.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334