Civil discovery: oral depositions: transcriptions., the official text

An act to amend Section 2025.550 of the Code of Civil Procedure, relating to civil actions.

LEGISLATIVE COUNSEL'S DIGEST

The Civil Discovery Act authorizes a party to obtain discovery by taking the oral deposition of any person. Oral depositions must be conducted under the supervision of a deposition officer, as specified, and, unless otherwise agreed or ordered, the testimony must be taken stenographically and then transcribed. The act provides procedures for the deponent to read, correct, approve, and sign the original deposition transcript and requires the deposition officer to certify and promptly transmit the transcript to the attorney of the party who noticed the deposition in a securely sealed envelope or package.
This bill would permit the deposition officer to instead transmit a certified deposition transcript to the attorney of the party who noticed the deposition via electronic means, when requested by that attorney. The bill would require an electronically transmitted transcript to be in a format that ensures it is authentic and has not been altered. The bill would make an electronically stored transcript admissible as an original transcript where the attorney presenting it certifies that it is a true and correct copy of the transcript that they received electronically.

The people of the State of California do enact as follows:

SECTION 1.
Section 2025.550 of the Code of Civil Procedure is amended to read:
2025.550.
(a) The certified transcript of a deposition shall not be filed with the court. Instead, the deposition officer shall securely seal that transcript in an envelope or package endorsed with the title of the action and marked: “Deposition of (here insert name of deponent),” and shall promptly transmit it to the attorney for the party who noticed the deposition. Upon request of the attorney for the party who noticed the deposition, the deposition officer may instead transmit the transcript electronically in an encrypted format to that attorney. The electronic transcript shall be in a format that enables the attorney and the court to verify that the transcript is authentic and has not been altered after it was certified by the deposition officer. The attorney shall store the transcript under conditions that will protect it against loss, destruction, or tampering. When presenting an electronically stored transcript to a court for any purpose, the attorney shall certify that the transcript is a true and correct copy of the transcript received electronically pursuant to this subdivision, and the transcript shall be admissible as an original transcript.
(b) The attorney to whom the transcript of a deposition is transmitted shall retain custody of it until six months after final disposition of the action. At that time, the transcript may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the transcript be preserved for a longer period.