As of January 1, 2017, a deponent who is served with a deposition notice or subpoena calling for electronically stored information to provide a means of gaining direct access to, or a translation into a reasonably usable form of, any information that is password protected or otherwise inaccessible. The bill would also require an expert who is served with a deposition notice, as specified, to produce any materials or category of materials, including any electronically stored information, no later than 3 business days before his or her deposition. (AB-2427)
The text of the law provides: An expert described in subdivision (b) of Section 2034.210 whose deposition is noticed pursuant to Section 2025.220 shall, no later than three business days before his or her deposition, produce any materials or category of materials, including any electronically stored information, called for by the deposition notice. (California Code of Civil Procedure § 2034.415).
No more are the days of the expert showing up with numerous banker’s boxes filled with materials. Tip: because the timing requires “business days,” take advantage of that language and set the depo on a Monday and get two extra days for free.
Eric Papp, Esq.