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AB-3019 Deposition notices.(2017-2018)

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Date Published: 04/19/2018 09:00 PM
AB3019:v98#DOCUMENT

Amended  IN  Assembly  April 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3019


Introduced by Assembly Member Reyes
(Coauthors: Senators Hertzberg and Roth)

February 16, 2018


An act to add Section 6034.5 to the Business and Professions Code, relating to attorneys. An act to amend Section 2025.220 of the Code of Civil Procedure, relating to depositions.


LEGISLATIVE COUNSEL'S DIGEST


AB 3019, as amended, Reyes. Attorneys: voluntary donation: substance abuse recovery. Deposition notices.
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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 2025.220 of the Code of Civil Procedure is amended to read:

2025.220.
 (a) 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: following, in at least 12-point type:
(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 an 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.
(b) Notwithstanding subdivision (a), where under Article 4 (commencing with Section 2020.410) 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.

SECTION 1.Section 6034.5 is added to the Business and Professions Code, immediately following Section 6034, to read:
6034.5.

(a)The State Bar mandatory membership fees billing statement shall include a voluntary checkoff box for members to make an optional donation to the Other Bar, an existing private nonprofit corporation with a program designed for attorneys in substance abuse recovery.

(b)The State Bar shall transfer any funds collected under subdivision (a) to the Other Bar.