| by Heather Duncan, Esq.
In response to last month’s Network News regarding handling deposition transcripts under the applicable code of civil procedure, we received questions on the code provisions regarding payment for deposition transcripts, which are addressed here.
CASES FILED IN CALIFORNIA SUPERIOR COURT
Cases filed in California Superior Court are governed by the California Code of Civil Procedure (CCP).
Under CCP §2025.510, unless the parties agree otherwise, the testimony at any deposition is automatically transcribed and the party who noticed the deposition is responsible for payment of the original and one certified copy (O&1). Any other party, or the deponent, may obtain and pay for a certified copy of the transcript.
WORKERS’ COMPENSATION MATTERS
Workers’ Compensation matters are governed by the California Labor Code. For any procedural issue not addressed in the Labor Code, the CCP applies.
With respect to the deposition of an injured employee taken in a Workers Compensation matter, the California Labor Code § 5710 (b) provides that the employer or its insurance carrier must pay for both the O&1 and a certified copy for the employee. Additionally, if the employee does not speak or understand the English language, the employee must pay for a certified language interpreter to be in attendance at the deposition. For purchase of transcripts not addressed in the Labor Code, the rules under CCP §2025.510 apply.
CASES FILED IN FEDERAL COURT
Cases filed in federal court are governed by the Federal Rules of Civil Procedure (FRCP).
Under FRCP 30, the party who notices the deposition bears the recording costs but transcription is not automatic. Any party may arrange to have a deposition transcribed and pay the costs for the transcription of the O&1. Other parties, or the deponent, may obtain and pay for a certified copy of the transcript.
Arbitrations are conducted under contractual agreements between the parties. For discovery rules, including payment responsibility under an arbitration agreement, it is important to ascertain what rules apply.