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AMENDED IN ASSEMBLY MAY 15, 1995

CALIFORNIA LEGISLATURE—1995–96 REGULAR SESSION

ASSEMBLY BILL No. 1225

Introduced by Committee on Judiciary (Isenberg(Chairman), Alby �� �� � �� �� ��� ��� ����� �� ������� ��� � ���� ��� �� � ������� � �����, Archie-Hudson,Battin, House ���� ���� ���� �� �� �� ��, Knight, Knowles,Kuehl, Morrow, and Sher)

February 23, 1995

An act to add Section 2016.5 to the Code of Civil Procedure,�!� ��&� &"� � �!�� ���&�"!%� �������� ������ ������� ������ ��� �� �!����� "��� �!�� &"� ���� ���&�"!� ������ &"�� &��� �"��� "�� ��(���$"���'$�� relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 1225, as amended, Committee on Judiciary. Civilprocedure: holidays.�*�%&�!�� ��)� �"(�$!�!�� ��(��� #$"���'$�� #$"(���%� �"$� "&�"!%

&"� (���&�� �� �'�� �!&� "�� �� % ���� ���� %� �"'$&�� �*&�!%�"!%� "�� &� ��"��")�!�� &��� %�$(���� "�� �"�' �!&%� �+� %#�������� ��!%�� #$""�"�� %�$(����� &��� #")�$%� "�� �� �"'$&� &"� #'!�%�� ��&%� "�� �"!&� #&��!�� �� �&�&�"!%� "!� ��%�"(�$+����%� ����� )"'��� ���� �� !"!%'�%&�!&�(�� ���!��� $���$��!�

"&�"!%� &"� (���&�� �� % ���� ���� %� �"'$&� �'�� �!&�� $�(�%�(�$�"'%� #$"(�%�"!%� $���$��!�� �*&�!%�"!� "�� &� �� �"��")�!�� &��%�$(���� "�� �"�' �!&%� �+� %#�������� ��!%�� ���� #$"(�%�"!%�"(�$!�!�� &��� #$""�� "�� &� �� "�� %�$(���� �+� &��� ���$�� "�� &��� �"'$&�+� ����� �'&�"$�,�� �� �"'$&� &"� "$��$� �� #�$&+� ����� �!� �"!&� #&

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)%� &�-� '��(%$��"�� �))%'$�-�(� ���(� �$�� �%()(� $�*''��� �-� )��&�')-� $ ) �) $�� �%$)�#&)� &'%���� $�(�� �$�� '�+ (�� &'%+ ( %$(�""%, $�� �*')��'� � (�%+�'-� �%'� (&�� � �� &*'&%(�(�

Existing law provides that if the last day for theperformance of any act provided or required by law to beperformed within a specified period of time is a holiday, asdefined to include, among other days, Saturday and Sunday,the deadline for that act is extended to and including the nextday that is not a holiday.

This bill would specify that this provision applies to any actprovided or required by specified provisions of law regardingcivil discovery.

Vote: majority. Appropriation: no. Fiscal committee: no.State-mandated local program: no.

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SECTION 1. Section 2016.5 is added to the Code ofCivil Procedure, to read:

2016.5. Section 12a shall apply to this article.�������� ��.���) %$� ������ (� ������ )%� )��� �%��� %�

� + "� �'%���*'��� )%� '����������.���� �"�'!� (��""� ���'��� �$�� �%""��)� ���(� �%'� )��

� " $�� %�� �� #%) %$� )%� +���)��� �(� &'%+ ���� �-� ���) %$� �� ��%�� )��� �%+�'$#�$)� �%���

����� ��.���) %$� ���� ��� %�� )��� �%��� %�� � + "� �'%���*'� (� �#�$���� )%� '����

116.820. (a) The judgment of a small claims courtmay be enforced as provided in Title 9 (commencingwith Section 680.010) of Part 2 and in Sections 674 and1174 on the enforcement of judgments of other courts. Ajudgment of the superior court after a hearing on appeal,and after transfer to the small claims court undersubdivision (d) of Section 116.780, may be enforced likeother judgments of the small claims court, as provided inTitle 9 (commencing with Section 680.010) of Part 2 andin Sections 674 and 1174 on the enforcement of judgmentsof other courts.

(b) Fees as provided in Sections 26828, 26830, and26834 of the Government Code shall be charged and

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collected by the clerk for the issuance of a writ ofexecution, an order of examination of a judgment debtor,a motion to vacate, or an abstract of judgment.

(c) The prevailing party in any action subject to thischapter is entitled to the costs of enforcing the judgmentand accrued interest.

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1013. (a) In case of service by mail, the notice orother paper must be deposited in a post office, mailbox,sub-post office, substation, or mail chute, or other likefacility regularly maintained by the United States PostalService, in a sealed envelope, with postage paid,addressed to the person on whom it is to be served, at theoffice address as last given by that person on anydocument filed in the cause and served on the partymaking service by mail; otherwise at that party’s place ofresidence. The service is complete at the time of thedeposit, but any prescribed period of notice and any rightor duty to do any act or make any response within anyprescribed period or on a date certain after the service ofthe document served by mail�� ������ ����� ������� ��� � ����� ����������� �!� �� ����� ��� ����� ��� ������ shall be extendedfive days�� ����� �������� �!� � ��� if the place of address iswithin the State of California, 10 days if the place ofaddress is outside the State of California but within theUnited States, and 20 days if the place of address is outsidethe United States, but the extension shall not apply toextend the time for filing notice of intention to move fornew trial, notice of intention to move to vacate judgmentpursuant to Section 663a, or notice of appeal. � ����� �������� ������� ��� ���� ������� ��� � ��������� � ���������������� ���� �!� ����� �������� ��� ������ �� ����� ��� ����� ��������

(b) The copy of the notice or other paper served bymail pursuant to this chapter shall bear a notation of thedate and place of mailing or be accompanied by anunsigned copy of the affidavit or certificate of mailing.

(c) In case of service by Express Mail, the notice orother paper must be deposited in a post office, mailbox,

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sub-post office, substation, or mail chute, or other likefacility regularly maintained by the United States PostalService for receipt of Express Mail, in a sealed envelope,with Express Mail postage paid, addressed to the personon whom it is to be served, at the office address as lastgiven by that person on any document filed in the causeand served on the party making service by Express Mail;otherwise at that party’s place of residence. In case ofservice by another method of delivery providing forovernight delivery, the notice or other paper must bedeposited in a box or other facility regularly maintainedby the express service carrier, or delivered to anauthorized courier or driver authorized by the expressservice carrier to receive documents, in an envelope orpackage designated by the express service carrier withdelivery fees paid or provided for, addressed to theperson on whom it is to be served, at the office address aslast given by that person on any document filed in thecause and served on the party making service; otherwiseat that party’s place of residence. The service is completeat the time of the deposit, but any prescribed period ofnotice and any right or duty to do any act or make anyresponse within any prescribed period or on a datecertain after the service of the document served byExpress Mail or other method of delivery providing forovernight delivery shall be extended by two court days,but the extension shall not apply to extend the time forfiling notice of intention to move for new trial, notice ofintention to move to vacate judgment pursuant to Section663a, or notice of appeal. ���� ���� ��� � �������� � � ������ ��� �� �� �������� �������� � ��������� ��� ��� ��������� � ��� ����� �������� ��� ����� �� ������

(d) The copy of the notice or other paper served byExpress Mail or another means of delivery providing forovernight delivery pursuant to this chapter shall bear anotation of the date and place of deposit or beaccompanied by an unsigned copy of the affidavit orcertificate of deposit.

(e) Service by facsimile transmission shall bepermitted only where the parties agree and a written

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confirmation of that agreement is made. The JudicialCouncil may adopt rules implementing the service ofdocuments by facsimile transmission and may provide aform for the confirmation of the agreement required bythis subdivision. In case of service by facsimiletransmission, the notice or other paper must betransmitted to a facsimile machine maintained by theperson on whom it is served at the facsimile machinetelephone number as last given by that person on anydocument which he or she has filed in the cause andserved on the party making the service. The service iscomplete at the time of transmission, but any prescribedperiod of notice and any right or duty to do any act ormake any response within any prescribed period or on adate certain after the service of the document served byfacsimile transmission�� ����� ����� ������� ��� ����� ������������� �"� �������� ��� ����� ��� ������ shall be extended������� �������� �"� ���������� ������������� by two court days,but the extension shall not apply to extend the time forfiling notice of intention to move for new trial, notice ofintention to move to vacate judgment pursuant to Section663a, or notice of appeal. ���� �!�������� �������� ��� ����������� ��� �� ��������� �!�������� ��������� ���� �"� ������������ ��� ������ �������� ��� ����� ��� ������

(f) The copy of the notice or other paper served byfacsimile transmission pursuant to this chapter shall beara notation of the date and place of transmission and thefacsimile telephone number to which transmitted or beaccompanied by an unsigned copy of the affidavit orcertificate of transmission which shall contain thefacsimile telephone number to which the notice or otherpaper was transmitted.

(g) Subdivisions (b), (d), and (f) are directory.��� ��#�������� ������ ��� ���� ���� ��� ����� ���������

��� �������� ��� �����1013a. Proof of service by mail may be made by one

of the following methods:(1) An affidavit setting forth the exact title of the

document served and filed in the cause, showing thename and residence or business address of the person

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making the service, showing that he or she is a residentof or employed in the county where the mailing occurs,that he or she is over the age of 18 years and not a partyto the cause, and showing the date and place of depositin the mail, the name and address of the person served asshown on the envelope, and also showing that theenvelope was sealed and deposited in the mail with thepostage thereon fully prepaid.

(2) A certificate setting forth the exact title of thedocument served and filed in the cause, showing thename and business address of the person making theservice, showing that he or she is an active member of theState Bar of California and is not a party to the cause, andshowing the date and place of deposit in the mail, thename and address of the person served as shown on theenvelope, and also showing that the envelope was sealedand deposited in the mail with the postage thereon fullyprepaid.

(3) An affidavit setting forth the exact title of thedocument served and filed in the cause, showing (A) thename and residence or business address of the personmaking the service, (B) that he or she is a resident of, oremployed in, the county where the mailing occurs, (C)that he or she is over the age of 18 years and not a partyto the cause, (D) that he or she is readily familiar with thebusiness’ practice for collection and processing ofcorrespondence for mailing with the United States PostalService, (E) that the correspondence would be depositedwith the United States Postal Service that same day in theordinary course of business, (F) the name and address ofthe person served as shown on the envelope, and the dateand place of business where the correspondence wasplaced for deposit in the United States Postal Service, and(G) that the envelope was sealed and placed forcollection and mailing on that date following ordinarybusiness practices. Service made pursuant to thisparagraph, upon motion of a party served, shall bepresumed invalid if the postal cancellation date orpostage meter date on the envelope is more than one day

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after the date of deposit for mailing contained in theaffidavit.

(4) In case of service by the clerk of a court of record,a certificate by that clerk setting forth the exact title ofthe document served and filed in the cause, showing thename of the clerk and the name of the court of which heor she is the clerk, and that he or she is not a party to thecause, and showing the date and place of deposit in themail, the name and address of the person served as shownon the envelope, and also showing that the envelope wassealed and deposited in the mail with the postage thereonfully prepaid. ���!� �� �� ��� � ���� �!� !#�������"� �� � !� $������ � ���!!� ��� %����� "��� ��� �� � � ���#"&� ��� �� !������� "���� "�����"�� �����!� "��� ���#���"� �� � ������"���� ���� ���������� "��� ��"�� !��%�� "�� ����� !�� �!� "�� ��#!�� �"� "�� ��� ��������� ��� ��$������ !�� !������ ���� !�� ��� �!!��� ��� "��"� ��"������%���� !"���� �� ��# "� � ��"���!�� �� $���� �����# !#��"� "�� "��!� �� �� ����� #���� ��"���� ��� �� �� "&� !� $������ �� �������� ��� ����� ��#!�� �&� "��� ��# "�� !����� ��� ������"�� ��$�� ���# ��� ��� "��� ��"�� ��� ��!"���� ��������"���� � ��!"���� ��"� � ��� ��"� �!� !��%�� ��� "��� ��$������ ��� "��"��"�� �!� �� �� "���� ���� ��&� ��"� � "��� ��"�� ��� ����!�"� �� �������� ���"������ ��� "��� �� "�����"��

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1218. (a) Upon the answer and evidence taken, thecourt or judge must !���� determine whether the personproceeded against is guilty of the contempt charged, andif it be adjudged that he or she is guilty of the contempt,a fine may be imposed on him or her not exceeding onethousand dollars ($1,000), or he or she may be imprisonednot exceeding five days, or both. ��� ����"����� �� �� !��� %���!� !#����"� "�� �� ��# "� � �� � �!� �� �� "&� "�� "��� ��"����� � � ��&����"� ��� "��!� �� !���� %��� �!� ���#����� �#��"&� ��� ���"���"�� � $����"���� "��"� ��# "� � �� � ��&� ��� � �� ��� "�� ��&� "�� "���� "&� ���"��"���� "��� ���"���"� � ��������� "��� ��!�������""� ��&�!� ���!� ���� ��!"!� ���# ��� �&� "��!� �� "&� ��������"���� %�"�� "��� ���"���"� � ���������

(b) No party, who is in contempt of a court order orjudgment in a dissolution of marriage or legal separation

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action, shall be permitted to enforce such an order orjudgment, by way of execution or otherwise, either in thesame action or by way of a separate action, against theother party. This restriction shall not affect nor apply tothe enforcement of child or spousal support orders.

(c) In any court action in which a party is found incontempt of court for failure to comply with a court orderpursuant to the Family Code, or Sections 11350 to 11476.1,inclusive, of the Welfare and Institutions Code, the courtshall order the following:

(1) Upon a first finding of contempt, the court shallorder the contemner to perform community service of upto 120 hours, or to be imprisoned up to 120 hours, for eachcount of contempt.

(2) Upon the second finding of contempt, the courtshall order the contemner to perform community serviceof up to 120 hours, in addition to ordering imprisonmentof the contemner up to 120 hours, for each count ofcontempt.

(3) Upon the third or any subsequent finding ofcontempt, the court shall order both of the following:

(A) The court shall order the contemner to serve aterm of imprisonment of up to 240 hours, and to performcommunity service of up to 240 hours, for each count ofcontempt.

(B) The court shall order the contemner to pay anadministrative fee, not to exceed the actual cost of thecontemner’s administration and supervision, whileassigned to a community service program pursuant to thisparagraph.

(4) The court shall take parties’ employmentschedules into consideration when ordering eithercommunity service or imprisonment, or both.

��� ����������� ����� ��� ���� ���� ��� ����� ���������� �� ������� ��� �� ��

2019. (a) Any party may obtain discovery by one ormore of the following methods:

(1) Oral and written depositions.(2) Interrogatories to a party.(3) Inspections of documents, things, and places.

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(4) Physical and mental examinations.(5) Requests for admissions.(6) Simultaneous exchanges of expert trial witness

information.(b) The court shall restrict the frequency or extent of

use of these discovery methods if it determines either ofthe following:

(1) The discovery sought is unreasonably cumulativeor duplicative, or is obtainable from some other sourcethat is more convenient, less burdensome, or lessexpensive.

(2) The selected method of discovery is undulyburdensome or expensive, taking into account the needsof the case, the amount in controversy, and theimportance of the issues at stake in the litigation.

The court may make these determinations pursuant toa motion for a protective order by a party or otheraffected person. This motion shall be accompanied by adeclaration stating facts showing a good faith attempt atan informal resolution of each issue presented by themotion.

The court shall impose a monetary sanction underSection 2023 against any party, person, or attorney whounsuccessfully makes or opposes a motion for a protectiveorder, unless it finds that the one subject to the sanctionacted with substantial justification or that othercircumstances make the imposition of the sanction unjust.

(c) Unless there is a rule of the Judicial Council, or alocal court rule or local uniform written policy to thecontrary, the methods of discovery may be used in anysequence, and the fact that a party is conductingdiscovery, whether by deposition or another method,shall not operate to delay the discovery of any other party.However, on motion and for good cause shown, the courtmay establish the sequence and timing of discovery forthe convenience of parties and witnesses and in theinterests of justice.

(d) In any action alleging the misappropriation of atrade secret under the Uniform Trade Secrets Act (Title5 (commencing with Section 3426) of Part 1 of Division

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4 of the Civil Code), before commencing discoveryrelating to the trade secret, the party alleging themisappropriation shall identify the trade secret withreasonable particularity subject to any orders that may beappropriate under Section 3426.5 of the Civil Code.

(e) The provisions of subdivision (a) of Section 1013relating to extensions of time where service is made bymail shall be applicable to any discovery method ����� ����� or ����� �� ��� � motion ���� ��� ������ ����������� in this article.

���� ����� ����� ����� ��� ���� ����� ��� ������ �� ������ ���������� ��� �����

2025. (a) Any party may obtain discovery within thescope delimited by Section 2017, and subject to therestrictions set forth in Section 2019, by taking inCalifornia the oral deposition of any person, including anyparty to the action. The person deposed may be a naturalperson, an organization such as a public or privatecorporation, a partnership, an association, or agovernmental agency.

(b) Subject to subdivisions (f) and (t), an oraldeposition may be taken as follows:

(1) The defendant may serve a deposition noticewithout leave of court at any time after that defendanthas been served or has appeared in the action, whicheveroccurs first.

(2) The plaintiff may serve a deposition notice withoutleave of court on any date that is 20 days after the serviceof the summons on, or appearance by, any defendant.However, on motion with or without notice, the court, forgood cause shown, may grant to a plaintiff leave to servea deposition notice on an earlier date.

(c) A party desiring to take the oral deposition of anyperson shall give notice in writing in the manner set forthin subdivision (d). However, where under subdivision(d) of Section 2020 only the production by a nonparty ofbusiness records for copying is desired, a copy of thedeposition subpoena shall serve as the notice ofdeposition. The notice of deposition shall be given toevery other party who has appeared in the action. The

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deposition notice, or the accompanying proof of service,shall list all the parties or attorneys for parties on whomit is served.

Where, as defined in subdivision (a) of Section 1985.3,the party giving notice of the deposition is a subpoenaingparty, and the deponent is a witness commanded by adeposition subpoena to produce personal records of aconsumer, the subpoenaing party shall serve on thatconsumer (1) a notice of the deposition, (2) the notice ofprivacy rights specified in subdivision (e) of Section1985.3, and (3) a copy of the deposition subpoena.

(d) The deposition notice shall state all of thefollowing:

(1) The address where the deposition will be taken.(2) The date of the deposition, selected under

subdivision (f), and the time it will commence.(3) The name of each deponent, and the address and

telephone number, if known, of any deponent who is nota party to the action. If the name of the deponent is notknown, the deposition notice shall set forth instead ageneral description sufficient to identify the person orparticular class to which the person belongs.

(4) The specification with reasonable particularity ofany materials or category of materials to be produced bythe deponent.

(5) Any intention to record the testimony byaudiotape or videotape, in addition to recording thetestimony by the stenographic method as required byparagraph (1) of subdivision (l).

(6) Any intention to reserve the right to use at trial avideotape deposition of a treating or consulting physicianor of any expert witness under paragraph (4) ofsubdivision (u). In this event, the operator of thevideotape camera shall be a person who is authorized toadminister an oath, and shall not be financially interestedin the action or be a relative or employee of any attorneyof any of the parties.

If the deponent named is not a natural person, thedeposition notice shall describe with reasonableparticularity the matters on which examination is

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requested. In that event, the deponent shall designateand produce at the deposition those of its officers,directors, managing agents, employees, or agents who aremost qualified to testify on its behalf as to those mattersto the extent of any information known or reasonablyavailable to the deponent. A deposition subpoena shalladvise a nonparty deponent of its duty to make thisdesignation, and shall describe with reasonableparticularity the matters on which examination isrequested.

If the attendance of the deponent is to be compelled byservice of a deposition subpoena under Section 2020, anidentical copy of that subpoena shall be served with thedeposition notice.

(e) (1) The deposition of a natural person, whether ornot a party to the action, shall be taken at a place that is,at the option of the party giving notice of the deposition,either within 75 miles of the deponent’s residence, orwithin the county where the action is pending and within150 miles of the deponent’s residence, unless the courtorders otherwise under paragraph (3).

(2) The deposition of an organization that is a party tothe action shall be taken at a place that is, at the optionof the party giving notice of the deposition, either within75 miles of the organization’s principal executive orbusiness office in California, or within the county wherethe action is pending and within 150 miles of that office.The deposition of any other organization shall be takenwithin 75 miles of the organization’s principal executiveor business office in California, unless the organizationconsents to a more distant place. If the organization hasnot designated a principal executive or business office inCalifornia, the deposition shall be taken at a place that is,at the option of the party giving notice of the deposition,either within the county where the action is pending, orwithin 75 miles of any executive or business office inCalifornia of the organization.

(3) A party desiring to take the deposition of a naturalperson who is a party to the action or an officer, director,managing agent, or employee of a party may make a

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motion for an order that the deponent attend fordeposition at a place that is more distant than thatpermitted under paragraph (1). This motion shall beaccompanied by a declaration stating facts showing areasonable and good faith attempt at an informalresolution of any issue presented by the motion.

In exercising its discretion to grant or deny this motion,the court shall take into consideration any factor tendingto show whether the interests of justice will be served byrequiring the deponent’s attendance at that more distantplace, including, but not limited to, the following:

(A) Whether the moving party selected the forum.(B) Whether the deponent will be present to testify at

the trial of the action.(C) The convenience of the deponent.(D) The feasibility of conducting the deposition by

written questions under Section 2028, or of using adiscovery method other than a deposition.

(E) The number of depositions sought to be taken ata place more distant than that permitted underparagraph (1).

(F) The expense to the parties of requiring thedeposition to be taken within the distance permittedunder paragraph (1).

(G) The whereabouts of the deponent at the time forwhich the deposition is scheduled.

The order may be conditioned on the advancement bythe moving party of the reasonable expenses and costs tothe deponent for travel to the place of deposition.

The court shall impose a monetary sanction underSection 2023 against any party, person, or attorney whounsuccessfully makes or opposes a motion to increasetravel limits for party-deponent, unless it finds that theone subject to the sanction acted with substantialjustification or that other circumstances make theimposition of the sanction unjust.

(f) An oral deposition shall be scheduled for a date atleast 10 days after service of the deposition notice. If, asdefined in subdivision (a) of Section 1985.3, the partygiving notice of the deposition is a subpoenaing party, and

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the deponent is a witness commanded by a depositionsubpoena to produce personal records of a consumer, thedeposition shall be scheduled for a date at least 20 daysafter issuance of that subpoena. However, in unlawfuldetainer actions, an oral deposition shall be scheduled fora date at least five days after service of the depositionnotice, but not later than five days before trial.

On motion or ex parte application of any party ordeponent, for good cause shown, the court may shortenor extend the time for scheduling a deposition, or maystay its taking until the determination of a motion for aprotective order under subdivision (i).

(g) Any party served with a deposition notice thatdoes not comply with subdivisions (b) to (f), inclusive,waives any error or irregularity unless that partypromptly serves a written objection specifying that erroror irregularity at least three calendar days prior to thedate for which the deposition is scheduled, on the partyseeking to take the deposition and any other attorney orparty on whom the deposition notice was served. If anobjection is made three calendar days before thedeposition date, the objecting party shall make personalservice of that objection pursuant to Section 1011 on theparty who gave notice of the deposition. Any depositiontaken after the service of a written objection shall not beused against the objecting party under subdivision (u) ifthe party did not attend the deposition and if the courtdetermines that the objection was a valid one.

In addition to serving this written objection, a partymay also move for an order staying the taking of thedeposition and quashing the deposition notice. Thismotion shall be accompanied by a declaration statingfacts showing a reasonable and good faith attempt at aninformal resolution of any issue presented by the motion.The taking of the deposition is stayed pending thedetermination of this motion.

The court shall impose a monetary sanction underSection 2023 against any party, person, or attorney whounsuccessfully makes or opposes a motion to quash adeposition notice, unless it finds that the one subject to

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the sanction acted with substantial justification or thatother circumstances make the imposition of the sanctionunjust.

(h) (1) The service of a deposition notice undersubdivision (c) is effective to require any deponent whois a party to the action or an officer, director, managingagent, or employee of a party to attend and to testify, aswell as to produce any document or tangible thing forinspection and copying.

(2) The attendance and testimony of any otherdeponent, as well as the production by the deponent ofany document or tangible thing for inspection andcopying, requires the service on the deponent of adeposition subpoena under Section 2020.

(i) Before, during, or after a deposition, any party, anydeponent, or any other affected natural person ororganization may promptly move for a protective order.The motion shall be accompanied by a declaration statingfacts showing a reasonable and good faith attempt at aninformal resolution of each issue presented by the motion.

The court, for good cause shown, may make any orderthat justice requires to protect any party, deponent, orother natural person or organization from unwarrantedannoyance, embarrassment, or oppression, or undueburden and expense. This protective order may include,but is not limited to, one or more of the followingdirections:

(1) That the deposition not be taken at all.(2) That the deposition be taken at a different time.(3) That a videotape deposition of a treating or

consulting physician or of any expert witness, intendedfor possible use at trial under paragraph (4) of subdivision(u), be postponed until the moving party has had anadequate opportunity to prepare, by discoverydeposition of the deponent, or other means, forcross-examination.

(4) That the deposition be taken at a place other thanthat specified in the deposition notice, if it is within adistance permitted by subdivision (e).

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(5) That the deposition be taken only on certainspecified terms and conditions.

(6) That the deponent’s testimony be taken bywritten, instead of oral, examination.

(7) That the method of discovery be interrogatories toa party instead of an oral deposition.

(8) That the testimony be recorded in a mannerdifferent from that specified in the deposition notice.

(9) That certain matters not be inquired into.(10) That the scope of the examination be limited to

certain matters.(11) That all or certain of the writings or tangible

things designated in the deposition notice not beproduced, inspected, or copied.

(12) That designated persons, other than the parties tothe action and their officers and counsel, be excludedfrom attending the deposition.

(13) That a trade secret or other confidential research,development, or commercial information not bedisclosed or be disclosed only to specified persons or onlyin a specified way.

(14) That the parties simultaneously file specifieddocuments enclosed in sealed envelopes to be opened asdirected by the court.

(15) That the deposition be sealed and thereafteropened only on order of the court.

If the motion for a protective order is denied in wholeor in part, the court may order that the deponent provideor permit the discovery against which protection wassought on those terms and conditions that are just.

The court shall impose a monetary sanction underSection 2023 against any party, person, or attorney whounsuccessfully makes or opposes a motion for a protectiveorder, unless it finds that the one subject to the sanctionacted with substantial justification or that othercircumstances make the imposition of the sanction unjust.

(j) (1) If the party giving notice of a deposition fails toattend or proceed with it, the court shall impose amonetary sanction under Section 2023 against that party,or the attorney for that party, or both, and in favor of any

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party attending in person or by attorney, unless it findsthat the one subject to the sanction acted with substantialjustification or that other circumstances make theimposition of the sanction unjust.

(2) If a deponent does not appear for a depositionbecause the party giving notice of the deposition failed toserve a required deposition subpoena, the court shallimpose a monetary sanction under Section 2023 againstthat party, or the attorney for that party, or both, in favorof any other party who, in person or by attorney, attendedat the time and place specified in the deposition notice inthe expectation that the deponent’s testimony would betaken, unless the court finds that the one subject to thesanction acted with substantial justification or that othercircumstances make the imposition of the sanction unjust.

If a deponent on whom a deposition subpoena has beenserved fails to attend a deposition or refuses to be swornas a witness, the court may impose on the deponent thesanctions described in subdivision (h) of Section 2020.

(3) If, after service of a deposition notice, a party to theaction or an officer, director, managing agent, oremployee of a party, or a person designated by anorganization that is a party under subdivision (d),without having served a valid objection under subdivision(g), fails to appear for examination, or to proceed with it,or to produce for inspection any document or tangiblething described in the deposition notice, the party givingthe notice may move for an order compelling thedeponent’s attendance and testimony, and theproduction for inspection of any document or tangiblething described in the deposition notice. This motion (A)shall set forth specific facts showing good cause justifyingthe production for inspection of any document ortangible thing described in the deposition notice, and (B)shall be accompanied by a declaration stating factsshowing a reasonable and good faith attempt at aninformal resolution of each issue presented by it. If thismotion is granted, the court shall also impose a monetarysanction under Section 2023 against the deponent or theparty with whom the deponent is affiliated, unless it finds

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that the one subject to the sanction acted with substantialjustification or that other circumstances make theimposition of the sanction unjust. On motion of any otherparty who, in person or by attorney, attended at the timeand place specified in the deposition notice in theexpectation that the deponent’s testimony would betaken, the court shall also impose a monetary sanctionunder Section 2023, unless it finds that the one subject tothe sanction acted with substantial justification or thatother circumstances make the imposition of the sanctionunjust.

If that party or party-affiliated deponent then fails toobey an order compelling attendance, testimony, andproduction, the court may make those orders that are just,including the imposition of an issue sanction, an evidencesanction, or a terminating sanction under Section 2023against that party deponent or against the party withwhom the deponent is affiliated. In lieu of or in additionto this sanction, the court may impose a monetarysanction under Section 2023 against that deponent oragainst the party with whom that party deponent isaffiliated, and in favor of any party who, in person or byattorney, attended in the expectation that the deponent’stestimony would be taken pursuant to that order.

(k) Except as provided in paragraph (3) of subdivision(d) of Section 2020, the deposition shall be conductedunder the supervision of an officer who is authorized toadminister an oath. This officer shall not be financiallyinterested in the action and shall not be a relative oremployee of any attorney of any of the parties, or of anyof the parties. Any objection to the qualifications of thedeposition officer is waived unless made before thedeposition begins or as soon thereafter as the ground forthat objection becomes known or could be discovered byreasonable diligence.

(l) (1) The deposition officer shall put the deponentunder oath. Unless the parties agree or the court ordersotherwise, the testimony, as well as any stated objections,shall be taken stenographically. The party noticing thedeposition may also record the testimony by audiotape or

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videotape if the notice of deposition stated an intentionalso to record the testimony by either of those methods,or if all the parties agree that the testimony may also berecorded by either of those methods. Any other party, atthat party’s expense, may make a simultaneous audiotapeor videotape record of the deposition, provided that otherparty promptly, and in no event less than three calendardays before the date for which the deposition isscheduled, serves a written notice of this intention toaudiotape or videotape the deposition testimony on theparty or attorney who noticed the deposition, on all otherparties or attorneys on whom the deposition notice wasserved under subdivision (c), and on any deponent whoseattendance is being compelled by a deposition subpoenaunder Section 2020. If this notice is given three calendardays before the deposition date, it shall be made bypersonal service under Section 1011. Examination andcross-examination of the deponent shall proceed aspermitted at trial under the provisions of the EvidenceCode.

(2) If the deposition is being recorded by means ofaudiotape or videotape, the following procedure shall beobserved:

(A) The area used for recording the deponent’s oraltestimony shall be suitably large, adequately lighted, andreasonably quiet.

(B) The operator of the recording equipment shall becompetent to set up, operate, and monitor the equipmentin the manner prescribed in this subdivision. Theoperator may be an employee of the attorney taking thedeposition unless the operator is also the depositionofficer. However, if a videotape of deposition testimonyis to be used under paragraph (4) of subdivision (u), theoperator of the recording equipment shall be a personwho is authorized to administer an oath, and shall not befinancially interested in the action or be a relative oremployee of any attorney of any of the parties, unless allparties attending the deposition agree on the record towaive these qualifications and restrictions.

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(C) The operator shall not distort the appearance orthe demeanor of participants in the deposition by the useof camera or sound recording techniques.

(D) The deposition shall begin with an oral or writtenstatement on camera or on the audiotape that includesthe operator’s name and business address, the name andbusiness address of the operator’s employer, the date,time, and place of the deposition, the caption of the case,the name of the deponent, a specification of the party onwhose behalf the deposition is being taken, and anystipulations by the parties.

(E) Counsel for the parties shall identify themselveson camera or on the audiotape.

(F) The oath shall be administered to the deponent oncamera or on the audiotape.

(G) If the length of a deposition requires the use ofmore than one unit of tape, the end of each unit and thebeginning of each succeeding unit shall be announced oncamera or on the audiotape.

(H) At the conclusion of a deposition, a statement shallbe made on camera or on the audiotape that thedeposition is ended and shall set forth any stipulationsmade by counsel concerning the custody of the audiotapeor videotape recording and the exhibits, or concerningother pertinent matters.

(I) A party intending to offer an audiotaped orvideotaped recording of a deposition in evidence undersubdivision (u) shall notify the court and all parties inwriting of that intent and of the parts of the deposition tobe offered within sufficient time for objections to bemade and ruled on by the judge to whom the case isassigned for trial or hearing, and for any editing of thetape. Objections to all or part of the deposition shall bemade in writing. The court may permit furtherdesignations of testimony and objections as justice mayrequire. With respect to those portions of an audiotapedor videotaped deposition that are not designated by anyparty or that are ruled to be objectionable, the court mayorder that the party offering the recording of thedeposition at the trial or hearing suppress those portions,

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or that an edited version of the deposition tape beprepared for use at the trial or hearing. The originalaudiotape or videotape of the deposition shall bepreserved unaltered. If no stenographic record of thedeposition testimony has previously been made, the partyoffering a videotape or an audiotape recording of thattestimony under subdivision (u) shall accompany thatoffer with a stenographic transcript prepared from thatrecording.

(3) In lieu of participating in the oral examination,parties may transmit written questions in a sealedenvelope to the party taking the deposition for deliveryto the deposition officer, who shall unseal the envelopeand propound them to the deponent after the oralexamination has been completed.

(m) (1) The protection of information from discoveryon the ground that it is privileged or that it is protectedwork product under Section 2018 is waived unless aspecific objection to its disclosure is timely made duringthe deposition.

(2) Errors and irregularities of any kind occurring atthe oral examination that might be cured if promptlypresented are waived unless a specific objection to themis timely made during the deposition. These errors andirregularities include, but are not limited to, thoserelating to the manner of taking the deposition, to theoath or affirmation administered, to the conduct of aparty, attorney, deponent, or deposition officer, or to theform of any question or answer. Unless the objectingparty demands that the taking of the deposition besuspended to permit a motion for a protective orderunder subdivision (n), the deposition shall proceedsubject to the objection.

(3) Objections to the competency of the deponent, orto the relevancy, materiality, or admissibility at trial of thetestimony or of the materials produced are unnecessaryand are not waived by failure to make them before orduring the deposition.

(4) If a deponent fails to answer any question or toproduce any document or tangible thing under the

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deponent’s control that is specified in the depositionnotice or a deposition subpoena, the party seeking thatanswer or production may adjourn the deposition orcomplete the examination on other matters withoutwaiving the right at a later time to move for an ordercompelling that answer or production under subdivision(o).

(n) On demand of any party or the deponent, thedeposition officer shall suspend the taking of testimony toenable that party or deponent to move for a protectiveorder on the ground that the examination is beingconducted in bad faith or in a manner that unreasonablyannoys, embarrasses, or oppresses that deponent or party.This motion shall be accompanied by a declaration statingfacts showing a reasonable and good faith attempt at aninformal resolution of each issue presented by the motion.The court, for good cause shown, may terminate theexamination or may limit the scope and manner of takingthe deposition as provided in subdivision (i). If the orderterminates the examination, the deposition shall notthereafter be resumed, except on order of the court.

The court shall impose a monetary sanction underSection 2023 against any party, person, or attorney whounsuccessfully makes or opposes a motion for thisprotective order, unless it finds that the one subject to thesanction acted with substantial justification or that othercircumstances make the imposition of the sanction unjust.

(o) If a deponent fails to answer any question or toproduce any document or tangible thing under thedeponent’s control that is specified in the depositionnotice or a deposition subpoena, the party seekingdiscovery may move the court for an order compellingthat answer or production. This motion shall be made nolater than 60 days after the completion of the record of thedeposition, and shall be accompanied by a declarationstating facts showing a reasonable and good faith attemptat an informal resolution of each issue presented by themotion. Notice of this motion shall be given to all parties,and to the deponent either orally at the examination, orby subsequent service in writing. If the notice of the

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motion is given orally, the deposition officer shall directthe deponent to attend a session of the court at the timespecified in the notice. Not less than five days prior to thehearing on this motion, the moving party shall lodge withthe court a certified copy of any parts of the stenographictranscript of the deposition that are relevant to themotion. If a deposition is recorded by audiotape orvideotape, the moving party is required to lodge acertified copy of a transcript of any parts of the depositionthat are relevant to the motion. If the court determinesthat the answer or production sought is subject todiscovery, it shall order that the answer be given or theproduction be made on the resumption of the deposition.

The court shall impose a monetary sanction underSection 2023 against any party, person, or attorney whounsuccessfully makes or opposes a motion to compelanswer or production, unless it finds that the one subjectto the sanction acted with substantial justification or thatother circumstances make the imposition of the sanctionunjust.

If a deponent fails to obey an order entered under thissubdivision, the failure may be considered a contempt ofcourt. In addition, if the disobedient deponent is a partyto the action or an officer, director, managing agent, oremployee of a party, the court may make those ordersthat are just against the disobedient party, or against theparty with whom the disobedient deponent is affiliated,including the imposition of an issue sanction, an evidencesanction, or a terminating sanction under Section 2023. Inlieu of or in addition to this sanction, the court mayimpose a monetary sanction under Section 2023 againstthat party deponent or against any party with whom thedeponent is affiliated.

(p) Unless the parties agree otherwise, the testimonyat any deposition recorded by stenographic means shallbe transcribed. The party noticing the deposition shallbear the cost of that transcription, unless the court, onmotion and for good cause shown, orders that the cost beborne or shared by another party. Any other party, at thatparty’s expense, may obtain a copy of the transcript.

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Stenographic notes of depositions shall be retained by thereporter for a period of not less than eight years from thedate of the deposition, where no transcript is produced,and not less than one year from the date on which thetranscript is produced. Those notes may be either onpaper or electronic media, as long as it allows forsatisfactory production of a transcript at any time duringthe periods specified. At the request of any other party tothe action, including a party who did not attend thetaking of the deposition testimony, any party who recordsor causes the recording of that testimony by means ofaudiotape or videotape shall promptly (1) permit thatother party to hear the audiotape or to view thevideotape, and (2) furnish a copy of the audiotape orvideotape to that other party on receipt of payment of thereasonable cost of making that copy of the tape.

If the testimony at the deposition is recorded bothstenographically, and by audiotape or videotape, thestenographic transcript is the official record of thattestimony for the purpose of the trial and any subsequenthearing or appeal.

(q) (1) If the deposition testimony is stenographicallyrecorded, the deposition officer shall send written noticeto the deponent and to all parties attending thedeposition when the original transcript of the testimonyfor each session of the deposition is available for reading,correcting, and signing, unless the deponent and theattending parties agree on the record that the reading,correcting, and signing of the transcript of the testimonywill be waived or that the reading, correcting, and signingof a transcript of the testimony will take place after theentire deposition has been concluded or at some otherspecific time. For 30 days following each such notice,unless the attending parties and the deponent agree onthe record or otherwise in writing to a longer or shortertime period, the deponent may change the form or thesubstance of the answer to a question, and may eitherapprove the transcript of the deposition by signing it, orrefuse to approve the transcript by not signing it.

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Alternatively, within this same period, the deponentmay change the form or the substance of the answer toany question and may approve or refuse to approve thetranscript by means of a letter to the deposition officersigned by the deponent which is mailed by certified orregistered mail with return receipt requested. A copy ofthat letter shall be sent by first-class mail to all partiesattending the deposition. For good cause shown, thecourt may shorten the 30-day period for making changes,approving, or refusing to approve the transcript.

The deposition officer shall indicate on the original ofthe transcript, if the deponent has not already done so atthe office of the deposition officer, any action taken by thedeponent and indicate on the original of the transcript,the deponent’s approval of, or failure or refusal toapprove, the transcript. The deposition officer shall alsonotify in writing the parties attending the deposition ofany changes which the deponent timely made in person.If the deponent fails or refuses to approve the transcriptwithin the allotted period, the deposition shall be giventhe same effect as though it had been approved, subjectto any changes timely made by the deponent. However,on a seasonable motion to suppress the deposition,accompanied by a declaration stating facts showing areasonable and good faith attempt at an informalresolution of each issue presented by the motion, thecourt may determine that the reasons given for the failureor refusal to approve the transcript require rejection ofthe deposition in whole or in part.

The court shall impose a monetary sanction underSection 2023 against any party, person, or attorney whounsuccessfully makes or opposes a motion to suppress adeposition, unless it finds that the one subject to thesanction acted with substantial justification or that othercircumstances make the imposition of the sanction unjust.

(2) If there is no stenographic transcription of thedeposition, the deposition officer shall send writtennotice to the deponent and to all parties attending thedeposition that the recording is available for review,unless the deponent and all these parties agree on the

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record to waive the hearing or viewing of an audiotapeor videotape recording of the testimony. For 30 daysfollowing this notice the deponent, either in person or bysigned letter to the deposition officer, may change thesubstance of the answer to any question.

The deposition officer shall set forth in a writing toaccompany the recording any changes made by thedeponent, as well as either the deponent’s signatureidentifying the deposition as his or her own, or astatement of the deponent’s failure to supply thesignature, or to contact the officer within the allottedperiod. When a deponent fails to contact the officerwithin the allotted period, or expressly refuses by asignature to identify the deposition as his or her own, thedeposition shall be given the same effect as thoughsigned. However, on a seasonable motion to suppress thedeposition, accompanied by a declaration stating factsshowing a reasonable and good faith attempt at aninformal resolution of each issue presented by the motion,the court may determine that the reasons given for therefusal to sign require rejection of the deposition in wholeor in part.

The court shall impose a monetary sanction underSection 2023 against any party, person, or attorney whounsuccessfully makes or opposes a motion to suppress adeposition, unless it finds that the one subject to thesanction acted with substantial justification or that othercircumstances make the imposition of the sanction unjust.

(r) The deposition officer shall certify on thetranscript of the deposition, or in the writingaccompanying an audiotaped or videotaped deposition asdescribed in paragraph (2) of subdivision (q), that thedeponent was duly sworn and that the transcript orrecording is a true record of the testimony given and ofany changes made by the deponent.

(s) (1) The certified transcript of a deposition shallnot be filed with the court. Instead, the deposition officershall securely seal that transcript in an envelope orpackage endorsed with the title of the action and marked:‘‘Deposition of (here insert name of deponent),’’ and

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shall promptly transmit it to the attorney for the partywho noticed the deposition. This attorney shall store itunder conditions that will protect it against loss,destruction, or tampering.

The attorney to whom the transcript of a deposition istransmitted shall retain custody of it until six months afterfinal disposition of the action. At that time, the transcriptmay be destroyed, unless the court, on motion of anyparty and for good cause shown, orders that the transcriptbe preserved for a longer period.

(2) An audiotape or videotape record of depositiontestimony, including a certified tape made by an operatorqualified under subparagraph (B) of paragraph (2) ofsubdivision (l), shall not be filed with the court. Instead,the operator shall retain custody of that record and shallstore it under conditions that will protect it against loss,destruction, or tampering, and preserve as far aspracticable the quality of the tape and the integrity of thetestimony and images it contains.

At the request of any party to the action, including aparty who did not attend the taking of the depositiontestimony, or at the request of the deponent, thatoperator shall promptly (A) permit the one making therequest to hear or to view the tape on receipt of paymentof a reasonable charge for providing the facilities forhearing or viewing the tape, and (B) furnish a copy of theaudiotape or the videotape recording to the one makingthe request on receipt of payment of the reasonable costof making that copy of the tape.

The attorney or operator who has custody of anaudiotape or videotape record of deposition testimonyshall retain custody of it until six months after finaldisposition of the action. At that time, the audiotape orvideotape may be destroyed or erased, unless the court,on motion of any party and for good cause shown, ordersthat the tape be preserved for a longer period.

(t) Once any party has taken the deposition of anynatural person, including that of a party to the action,neither the party who gave, nor any other party who hasbeen served with a deposition notice pursuant to

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subdivision (c) may take a subsequent deposition of thatdeponent. However, for good cause shown, the court maygrant leave to take a subsequent deposition, and theparties, with the consent of any deponent who is not aparty, may stipulate that a subsequent deposition betaken. This subdivision does not preclude taking onesubsequent deposition of a natural person who haspreviously been examined ��� as a result of that person’sdesignation to testify on behalf of an organization undersubdivision (d)�� ��� ���� ���� ���� �������� �������� �������������� ��������� ��� ������� ������ ���� �������!����������� ���� ������ ��� �������!� ��� ����� ���� ��������� ������ ��������.

(u) At the trial or any other hearing in the action, anypart or all of a deposition may be used against any partywho was present or represented at the taking of thedeposition, or who had due notice of the deposition anddid not serve a valid objection under subdivision (g), sofar as admissible under the rules of evidence applied asthough the deponent were then present and testifying asa witness, in accordance with the following provisions:

(1) Any party may use a deposition for the purpose ofcontradicting or impeaching the testimony of thedeponent as a witness, or for any other purpose permittedby the Evidence Code.

(2) An adverse party may use for any purpose, adeposition of a party to the action, or of anyone who at thetime of taking the deposition was an officer, director,managing agent, employee, agent, or designee undersubdivision (d) of a party. It is not ground for objectionto the use of a deposition of a party under this paragraphby an adverse party that the deponent is available totestify, has testified, or will testify at the trial or otherhearing.

(3) Any party may use for any purpose the depositionof any person or organization, including that of any partyto the action, if the court finds any of the following:

(A) The deponent resides more than 150 miles fromthe place of the trial or other hearing.

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(B) The deponent, without the procurement orwrongdoing of the proponent of the deposition for thepurpose of preventing testimony in open court, is (i)exempted or precluded on the ground of privilege fromtestifying concerning the matter to which the deponent’stestimony is relevant, (ii) disqualified from testifying,(iii) dead or unable to attend or testify because of existingphysical or mental illness or infirmity, (iv) absent fromthe trial or other hearing and the court is unable tocompel the deponent’s attendance by its process, or (v)absent from the trial or other hearing and the proponentof the deposition has exercised reasonable diligence buthas been unable to procure the deponent’s attendance bythe court’s process.

(C) Exceptional circumstances exist that make itdesirable to allow the use of any deposition in the interestsof justice and with due regard to the importance ofpresenting the testimony of witnesses orally in opencourt.

(4) Any party may use a videotape deposition of atreating or consulting physician or of any expert witnesseven though the deponent is available to testify if thedeposition notice under subdivision (d) reserved theright to use the deposition at trial, and if that party hascomplied with subparagraph (I) of paragraph (2) ofsubdivision (l).

(5) Subject to the requirements of this section, a partymay offer in evidence all or any part of a deposition, andif the party introduces only part of the deposition, anyother party may introduce any other parts that arerelevant to the parts introduced.

(6) Substitution of parties does not affect the right touse depositions previously taken.

(7) When an action has been brought in any court ofthe United States or of any state, and another actioninvolving the same subject matter is subsequentlybrought between the same parties or theirrepresentatives or successors in interest, all depositionslawfully taken and duly filed in the initial action may beused in the subsequent action as if originally taken in that

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subsequent action. A deposition previously taken mayalso be used as permitted by the Evidence Code.

O