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SB-1037 Civil discovery: oral depositions: conduct of deposition.(2021-2022)

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Date Published: 07/05/2022 02:00 PM
SB1037:v96#DOCUMENT

Senate Bill No. 1037
CHAPTER 92

An act to amend Section 2025.310 of the Code of Civil Procedure, relating to civil procedure.

[ Approved by Governor  July 01, 2022. Filed with Secretary of State  July 01, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1037, Umberg. Civil discovery: oral depositions: conduct of deposition.
Existing law establishes procedures for conducting oral depositions inside the state. Existing law provides that any party or attorney of record may, but is not required to, be physically present at the deposition at the location of the deponent, subject to any protective order issued by the court.
This bill would require all physically present participants in a deposition to comply with local health and safety ordinances, rules, and orders.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 2025.310 of the Code of Civil Procedure is amended to read:

2025.310.
 (a) At the election of the deponent or the deposing party, the deposition officer may attend the deposition at a different location than the deponent via remote means. A deponent is not required to be physically present with the deposition officer when being sworn in at the time of the deposition.
(b) Subject to Section 2025.420, any party or attorney of record may, but is not required to, be physically present at the deposition at the location of the deponent. If a party or attorney of record elects to be physically present at the location of the deponent, all physically present participants in the deposition shall comply with local health and safety ordinances, rules, and orders.
(c) The procedures to implement this section shall be established by court order in the specific action or proceeding or by the California Rules of Court.
(d) An exercise of the authority granted by subdivision (a) or (b) does not waive any other provision of this title, including, but not limited to, provisions regarding the time, place, or manner in which a deposition shall be conducted.
(e) This section does not alter or amend who may lawfully serve as a deposition officer pursuant to this title or who otherwise may administer oaths pursuant to Sections 2093 and 2094 of this code or Section 8201 of the Government Code.