SECTIONS 2017.710-2017.740 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2017.710-2017.740

2017.710. Subject to the findings required by Section 2017.730 and
the purpose of permitting and encouraging cost-effective and
efficient discovery, "technology," as used in this chapter, includes,
but is not limited to, telephone, e-mail, CD-ROM, Internet Web
sites, electronic documents, electronic document depositories,
Internet depositions and storage, videoconferencing, and other
electronic technology that may be used to improve communication and
the discovery process.

2017.720. (a) Nothing in this chapter diminishes the rights and
duties of the parties regarding discovery, privileges, procedural
rights, or substantive law.
(b) Nothing in this chapter modifies the requirement for use of a
stenographic court reporter as provided in Section 2025.330. The
rules, standards, and guidelines adopted pursuant to this chapter
shall be consistent with the requirement of Section 2025.330 that
deposition testimony be taken stenographically unless the parties
agree or the court orders otherwise.
(c) Nothing in this chapter modifies or affects in any way the
process used for the selection of a stenographic court reporter.

2017.730. (a) Pursuant to a noticed motion, a court may enter an
order authorizing the use of technology in conducting discovery in
any of the following:
(1) A case designated as complex under Section 19 of the Judicial
Administration Standards.
(2) A case ordered to be coordinated under Chapter 3 (commencing
with Section 404) of Title 4 of Part 2.
(3) An exceptional case exempt from case disposition time goals
under Article 5 (commencing with Section 68600) of Chapter 2 of Title
8 of the Government Code.
(4) A case assigned to Plan 3 under paragraph (3) of subdivision
(b) of Section 2105 of the California Rules of Court.
(b) In a case other than one listed in subdivision (a), the
parties may stipulate to the entry of an order authorizing the use of
technology in conducting discovery.
(c) An order authorizing the use of technology in conducting
discovery may be made only upon the express findings of the court or
stipulation of the parties that the procedures adopted in the order
meet all of the following criteria:
(1) They promote cost-effective and efficient discovery or motions
relating thereto.
(2) They do not impose or require an undue expenditure of time or
money.
(3) They do not create an undue economic burden or hardship on any
person.
(4) They promote open competition among vendors and providers of
services in order to facilitate the highest quality service at the
lowest reasonable cost to the litigants.
(5) They do not require the parties or counsel to purchase
exceptional or unnecessary services, hardware, or software.
(d) Pursuant to an order authorizing the use of technology in
conducting discovery, discovery may be conducted and maintained in
electronic media and by electronic communication. The court may enter
orders prescribing procedures relating to the use of electronic
technology in conducting discovery, including orders for service of
discovery requests and responses, service and presentation of
motions, conduct of discovery in electronic media, and production,
storage, and access to information in electronic form.
(e) The Judicial Council may promulgate rules, standards, and
guidelines relating to electronic discovery and the use of electronic
discovery data and documents in court proceedings.

2017.740. (a) If a service provider is to be used and compensated
by the parties in discovery under this chapter, the court shall
appoint the person or organization agreed on by the parties and
approve the contract agreed on by the parties and the service
provider. If the parties do not agree on selection of a service
provider, each party shall submit to the court up to three nominees
for appointment, together with a contract acceptable to the nominee.
The court shall appoint a service provider from among the nominees.
The court may condition this appointment on the acceptance of
modifications in the terms of the contract. If no nominations are
received from any of the parties, the court shall appoint one or more
service providers.
(b) Pursuant to a noticed motion at any time and on a showing of
good cause, the court may order the removal of the service provider
or vacate any agreement between the parties and the service provider,
or both, effective as of the date of the order. The continued
service of the service provider shall be subject to review
periodically, as agreed by the parties and the service provider, or
annually if they do not agree. Any disputes involving the contract or
the duties, rights, and obligations of the parties or the service
provider may be determined on a noticed motion in the action.