OATHS & AFFIRMATIONS

| by Heather Duncan, Esq.

As we all know, it is the job of the court reporter to put a deponent under oath or affirmation at the start of a deposition. What is less clear is what form the oath or affirmation should take.

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The Deposition of a Person Most Qualified

| by Heather Duncan, Esq.

(a.k.a. Person Most Knowledgeable, PMK)

When used correctly, the deposition of a Person Most Qualified (PMQ) is a powerful discovery tool. The entity named in a PMQ deposition notice is considered to be the deponent. 

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New California Laws for 2018

| by Heather Duncan, Esq.

In a slight departure from our usual deposition tips, this month’s Network News provides a short overview of ten of the over 1,000 new California laws that began affecting our lives on January 1, 2018:  

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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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