Tag: California Code

Scheduling or Attending a Remote Deposition

| by Heather Duncan, Esq.

In light of the recent changes to the California Code of Civil Procedure (CCP) and the ongoing spread of COVID-19, this month’s Network News revisits the rules for scheduling or attending a remote deposition. As provided below, there may be instances where the deponent’s right to attend remotely and the taking attorney’s right to attend the deposition in person poses a conflict.

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NEW LAWS OF CIVIL PROCEDURE

| by Heather Duncan, Esq.

As previewed in our September Network News, Governor Newsom signed California Senate Bill 1146 on September 18, 2020. The bill became law when signed, effectively amending Sections 1010.6 and 2025.310 and replacing Section 599 of the California Code of Civil Procedure (CCP). The changes solidify the future use of remote depositions and electronic service of documents in civil litigation.

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REMOTE LEGAL TECHNOLOGY IS HERE TO STAY

| by Heather Duncan, Esq.

During California’s declared State of Emergency we have all had to familiarize ourselves with electronic filings, service and remote appearances. As we move forward, it looks as though many of these changes will become a permanent part of how we practice law.  

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Taking Notice

| by Heather Duncan, Esq.

In response to questions from our readers, this month we will review the basic rules for noticing a deposition in California State Court.

Deposition notices for cases filed in California State Courts are governed by the California Code of Civil Procedure (CCP) Sections 2025.010-2025.290.

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NEW YEAR, NEW LAWS 2020

| by Heather Duncan, Esq.

As we have come to expect, Californians rang in 2020 with hundreds of new state laws addressing a wide range of issues.

Here is a brief overview of 10 laws that may affect you in the coming year.

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Reporters are Impartial Officers of the Court

| by Heather Duncan, Esq.

By now, most of us understand that during a deposition the court reporter is an impartial officer of the court entrusted with taking down a verbatim record of what is said. What may not be as clear is that the reporter’s duty of neutrality extends well beyond the time on the record.

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CONFIDENTIALITY

| by Heather Duncan, Esq.

In our February 2017 Network News, we outlined upon the basics of deposition confidentiality. This month, we explore some of the more specific and nuanced aspects of confidentiality, both in depositions and in court proceedings.

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Payment for Deposition Transcripts

| 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.

 

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