SECTIONS 2020.410-2020.440 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2020.410-2020.440

2020.410. (a) A deposition subpoena that commands only the
production of business records for copying shall designate the
business records to be produced either by specifically describing
each individual item or by reasonably particularizing each category
of item.
(b) Notwithstanding subdivision (a), specific information
identifiable only to the deponent's records system, like a policy
number or the date when a consumer interacted with the witness, is
not required.
(c) A deposition subpoena that commands only the production of
business records for copying need not be accompanied by an affidavit
or declaration showing good cause for the production of the business
records designated in it. It shall be directed to the custodian of
those records or another person qualified to certify the records. It
shall command compliance in accordance with Section 2020.430 on a
date that is no earlier than 20 days after the issuance, or 15 days
after the service, of the deposition subpoena, whichever date is
later.
(d) If, under Section 1985.3 or 1985.6, the one to whom the
deposition subpoena is directed is a witness, and the business
records described in the deposition subpoena are personal records
pertaining to a consumer, the service of the deposition subpoena
shall be accompanied either by a copy of the proof of service of the
notice to the consumer described in subdivision (e) of Section
1985.3, or subdivision (b) of Section 1985.6, as applicable, or by
the consumer's written authorization to release personal records
described in paragraph (2) of subdivision (c) of Section 1985.3, or
paragraph (2) of subdivision (c) of Section 1985.6, as applicable.

2020.420. The officer for a deposition seeking discovery only of
business records for copying under this article shall be a
professional photocopier registered under Chapter 20 (commencing with
Section 22450) of Division 8 of the Business and Professions Code,
or a person exempted from the registration requirements of that
chapter under Section 22451 of the Business and Professions Code.
This deposition officer shall not be financially interested in the
action, or a relative or employee of any attorney of the parties. Any
objection to the qualifications of the deposition officer is waived
unless made before the date of production or as soon thereafter as
the ground for that objection becomes known or could be discovered by
reasonable diligence.

2020.430. (a) Except as provided in subdivision (e), if a
deposition subpoena commands only the production of business records
for copying, the custodian of the records or other qualified person
shall, in person, by messenger, or by mail, deliver both of the
following only to the deposition officer specified in the subpoena:
(1) A true, legible, and durable copy of the records.
(2) An affidavit in compliance with Section 1561 of the Evidence
Code.
(b) If the delivery required by subdivision (a) is made to the
office of the deposition officer, the records shall be enclosed,
sealed, and directed as described in subdivision (c) of Section 1560
of the Evidence Code.
(c) If the delivery required by subdivision (a) is made at the
office of the business whose records are the subject of the
deposition subpoena, the custodian of those records or other
qualified person shall do one of the following:
(1) Permit the deposition officer specified in the deposition
subpoena to make a copy of the originals of the designated business
records during normal business hours, as defined in subdivision (e)
of Section 1560 of the Evidence Code.
(2) Deliver to the deposition officer a true, legible, and durable
copy of the records on receipt of payment in cash or by check, by or
on behalf of the party serving the deposition subpoena, of the
reasonable costs of preparing that copy, together with an itemized
statement of the cost of preparation, as determined under subdivision
(b) of Section 1563 of the Evidence Code. This copy need not be
delivered in a sealed envelope.
(d) Unless the parties, and if the records are those of a consumer
as defined in Section 1985.3 or 1985.6, the consumer, stipulate to
an earlier date, the custodian of the records shall not deliver to
the deposition officer the records that are the subject of the
deposition subpoena prior to the date and time specified in the
deposition subpoena. The following legend shall appear in boldface
type on the deposition subpoena immediately following the date and
time specified for production: "Do not release the requested records
to the deposition officer prior to the date and time stated above."
(e) This section does not apply if the subpoena directs the
deponent to make the records available for inspection or copying by
the subpoenaing party's attorney or a representative of that attorney
at the witness' business address under subdivision (e) of Section
1560 of the Evidence Code.
(f) The provisions of Section 1562 of the Evidence Code concerning
the admissibility of the affidavit of the custodian or other
qualified person apply to a deposition subpoena served under this
article.

2020.440. Promptly on or after the deposition date and after the
receipt or the making of a copy of business records under this
article, the deposition officer shall provide that copy to the party
at whose instance the deposition subpoena was served, and a copy of
those records to any other party to the action who then or
subsequently, within a period of six months following the settlement
of the case, notifies the deposition officer that the party desires
to purchase a copy of those records.