Bill Text: CA AB1918 | 2011-2012 | Regular Session | Introduced

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Bill Title: Civil procedure: depositions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-10 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB1918 Detail]

Download: California-2011-AB1918-Introduced.html

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BILL NUMBER: AB 1918	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 22, 2012

   An act to amend Section 2025.520 of the Code of Civil Procedure,
relating to discovery.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1918, as introduced, Jones. Civil procedure: depositions.
   Existing law provides that if a deposition is stenographically
recorded, the deposition officer shall send written notice to the
deponent and all of the parties who attended the deposition when the
original transcript of the deposition testimony is available for
reading, correcting, and signing, except as specified. Under existing
law, for 30 days following that notice, the deponent may change the
form or substance of the answer to a question asked at the
deposition, and may approve the transcript or refuse to approve the
transcript. The court may shorten this period if good cause is shown.

   This bill would authorize a deponent in an unlawful detainer
proceeding or certain summary proceedings for obtaining possession of
real property to change the form or substance of the answer to a
stenographically recorded deposition question for 5 days following
notice from the deposition officer that the transcript is ready to be
read, corrected, and signed. This bill would also make a conforming
change.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2025.520 of the Code of Civil Procedure is
amended to read:
   2025.520.  (a) If the deposition testimony is stenographically
recorded, the deposition officer shall send written notice to the
deponent and to all parties attending the deposition when the
original transcript of the testimony for each session of the
deposition is available for reading, correcting, and signing, unless
the deponent and the attending parties agree on the record that the
reading, correcting, and signing of the transcript of the testimony
will be waived or that the reading, correcting, and signing of a
transcript of the testimony will take place after the entire
deposition has been concluded or at some other specific time.
   (b) For 30 days  ,   or, in an unlawful detainer or
other proceeding under Chapter 4 (commencing with Section 1159) of
Title 3 of Part 3, five days,  following each notice under
subdivision (a), unless the attending parties and the deponent agree
on the record or otherwise in writing to a longer or shorter time
period, the deponent may change the form or the substance of the
answer to a question, and may either approve the transcript of the
deposition by signing it, or refuse to approve the transcript by not
signing it.
   (c) Alternatively, within this same period, the deponent may
change the form or the substance of the answer to any question and
may approve or refuse to approve the transcript by means of a letter
to the deposition officer signed by the deponent which is mailed by
certified or registered mail with return receipt requested. A copy of
that letter shall be sent by first-class mail to all parties
attending the deposition.
   (d) For good cause shown, the court may shorten the 
30-day  period  in subdivision (b)  for making
changes, approving, or refusing to approve the transcript.
   (e) The deposition officer shall indicate on the original of the
transcript, if the deponent has not already done so at the office of
the deposition officer, any action taken by the deponent and indicate
on the original of the transcript, the deponent's approval of, or
failure or refusal to approve, the transcript. The deposition officer
shall also notify in writing the parties attending the deposition of
any changes which the deponent timely made in person.
   (f) If the deponent fails or refuses to approve the transcript
within the allotted period, the deposition shall be given the same
effect as though it had been approved, subject to any changes timely
made by the deponent.
   (g) Notwithstanding subdivision (f), on a seasonable motion to
suppress the deposition, accompanied by a meet and confer declaration
under Section 2016.040, the court may determine that the reasons
given for the failure or refusal to approve the transcript require
rejection of the deposition in whole or in part.
   (h) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion to suppress a
deposition under this section, unless the court finds that the one
subject to the sanction acted with substantial justification or that
other circumstances make the imposition of the sanction unjust.