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AB-2677 Deposition notices.(2017-2018)

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Date Published: 03/20/2018 04:00 AM

Amended  IN  Assembly  March 19, 2018


Assembly Bill
No. 2677

Introduced by Assembly Member Mark Stone

February 15, 2018

An act to amend Section 5001 of the Fish and Game Code, relating to protected reptiles and amphibians. 2025.220 of the Code of Civil Procedure, relating to depositions.


AB 2677, as amended, Mark Stone. Tortoise: possession. 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 a notice in writing that provides specified information, including the date of the deposition and the address where the deposition is to be taken.
This bill would require the content of the deposition notice, as specified, to be in at least 12-point type.

Existing law makes it unlawful to sell, purchase, harm, take, possess, transport, or shoot a projectile at, a tortoise. The prohibition upon possession of a tortoise does not apply when the owner demonstrates that the tortoise was legally acquired and possessed before January 1, 1973.

This bill would make nonsubstantive revisions to the exception that it is not unlawful to possess a tortoise if the owner demonstrates that the tortoise was legally acquired and possessed before January 1, 1973.

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

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


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

 (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 5001 of the Fish and Game Code is amended to read:

The provisions of Section 5000 do not prohibit the possession of any tortoise (Gopherus) when the owner can demonstrate that the tortoise was legally acquired and possessed before the effective date of this section. The owner of a tortoise that may be possessed under this section shall mark or otherwise identify the tortoise to the satisfaction of the department, and shall not transfer the tortoise to any other person without prior approval of the department.