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AB-2020 Discovery: depositions.(2015-2016)

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AB2020:v98#DOCUMENT

Amended  IN  Assembly  March 30, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 2020


Introduced by Assembly Member Obernolte

February 16, 2016


An act to amend Section Sections 2020.410 and 2025.270 of the Code of Civil Procedure, relating to depositions.


LEGISLATIVE COUNSEL'S DIGEST


AB 2020, as amended, Obernolte. Discovery: depositions.
Existing law provides that a deposition subpoena that commands only the production of business records for copying shall command compliance on a date that is no earlier than 20 days after the issuance, or 15 days after the service, of the subpoena, whichever is later. Existing law also provides that a deposition to produce personal records of a consumer or employment records of an employee must be scheduled at least 20 days after the issuance of the subpoena.
This bill would instead require a deposition subpoena commanding the production of business records to command compliance at least 15 days after the service of the subpoena. It would also require the a deposition to produce personal records of a consumer or employment records of an employee to be scheduled no earlier than 20 days after the issuance, or 15 at least 20 days after the service, service of the deposition subpoena, whichever date is later. subpoena.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2020.410 of the Code of Civil Procedure is amended to read:

2020.410.
 (a) A deposition subpoena that commands only the production of business records for copying shall designate the business records to be produced either by specifically describing each individual item or by reasonably particularizing each category of item, and shall specify the form in which any electronically stored information is to be produced, if a particular form is desired.
(b) Notwithstanding subdivision (a), specific information identifiable only to the deponent’s records system, like a policy number or the date when a consumer interacted with the witness, is not required.
(c) A deposition subpoena that commands only the production of business records for copying need not be accompanied by an affidavit or declaration showing good cause for the production of the business records designated in it. It shall be directed to the custodian of those records or another person qualified to certify the records. It shall command compliance in accordance with Section 2020.430 on a date that is no earlier than 20 days after the issuance, or at least 15 days after the service, service of the deposition subpoena, whichever date is later. subpoena.
(d) If, under Section 1985.3 or 1985.6, the one to whom the deposition subpoena is directed is a witness, and the business records described in the deposition subpoena are personal records pertaining to a consumer, the service of the deposition subpoena shall be accompanied either by a copy of the proof of service of the notice to the consumer described in subdivision (e) of Section 1985.3, or subdivision (b) of Section 1985.6, as applicable, or by the consumer’s written authorization to release personal records described in paragraph (2) of subdivision (c) of Section 1985.3, or paragraph (2) of subdivision (c) of Section 1985.6, as applicable.

SECTION 1.SEC. 2.

 Section 2025.270 of the Code of Civil Procedure is amended to read:

2025.270.
 (a) An oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice.
(b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, an oral deposition shall be scheduled for a date at least five days after service of the deposition notice, but not later than five days before trial.
(c) Notwithstanding subdivisions (a) and (b), if, as defined in Section 1985.3 or 1985.6, the party giving notice of the deposition is a subpoenaing party, and the deponent is a witness commanded by a deposition subpoena to produce personal records of a consumer or employment records of an employee, the deposition shall be scheduled for a date that is no earlier than at least 20 days after the issuance, or 15 days after the service, service of the deposition subpoena, whichever date is later. subpoena.
(d) On motion or ex parte application of any party or deponent, for good cause shown, the court may shorten or extend the time for scheduling a deposition, or may stay its taking until the determination of a motion for a protective order under Section 2025.420.