The Role of the Court Reporter

| by Heather Duncan, Esq.

By now, we all know that a California court reporter must uphold the strictest standards of professional neutrality and impartiality as outlined in the Business & Professions Code, California Code of Regulations and California Code of Civil Procedure (CCP).  The court reporter is not an agent of any one party, attorney, or deponent, but is a neutral and impartial officer of the court, entrusted with the job of creating a record of every word spoken when the parties are on the record.

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Seeking a Protective Order

| by Heather Duncan, Esq.

Under the Civil Discovery Act of 1986, California civil discovery (including the scheduling and taking of depositions) was designed to be essentially “self-executing.” That is, a party demanding discovery doesn’t need prior approval, and a responding party may object instead of providing the requested information. An objection often ends a dispute, but sometimes it doesn’t. When an objection isn’t enough, the next step may be to move the court for a protective order.  

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Citing a Witness

| by Heather Duncan, Esq.

Under the California Code of Civil Procedure (CCP) Section 2025.480, if a deponent fails to answer any questions or to produce any document or tangible thing under the deponent’s control, the party seeking discovery may seek a court order to compel. 

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Independent Medical Examinations

| by Heather Duncan, Esq.

Medical examinations under the California Code of Civil Procedure (CCP) sections 2032.010-2032.650 are commonly referred to as “Independent Medical Examinations” or IMEs.

CCP §2032.220 allows any personal injury defendant to make a demand for an IME on the plaintiff, provided that the examination does not include any test or procedure that is painful, protracted or intrusive and the examination is located within 75 miles of the residence of the examinee.  

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Judgment Debtor’s Examination

| by Heather Duncan, Esq.

This month’s Network News is focused on clearing some of the confusion that often surrounds the handling of a judgment debtor’s examination (JDE). A JDE, also known as an Order for Appearance or ORAP, is a common preliminary step taken by a judgment creditor before initiating collection efforts.

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DEPOSITION INTERPRETING

| by Heather Duncan, Esq.

During a deposition it is important that all parties understand each other and communicate well. If a witness does not speak fluent English it may be necessary to have a professional interpreter present at the deposition. 

When an interpreter will be used at a deposition, it is a good idea to keep the following ground rules in mind:  

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