CALIFORNIA CIVIL DISCOVERY
© Richard E. Best 2000-2003 All rights reserved
California Discovery Home Page
San Francisco Discovery
Civil Discovery Case Outlines
Discovery Act and Outline
Discovery of Electronic Data and Documents
Basic Discovery Principles
VIRTUAL DISCOVERY
CONDUCTING DISCOVERY IN A WEB CENTRIC ENVIRONMENT
BASIC CONCEPTS
LEGAL AUTHORITY
WEB SITES OF SERVICE PROVIDERS
NEW LEGISLATION enacted September 2001
Conducting discovery in electronic forum ..........text
Electronic depositions & appearances ...........text
ATTENDING DEPOSITIONS BY REMOTE ELECTRONIC MEANS
Conducting Discovery in a Web Centric Environment
Technology should produce more cost effective and efficient discovery; not, more burdensome and expensive discovery. Conducting discovery in a web centric environment is one available procedure that could allow parties to save money by eliminating paper, service, storage, travel, scheduling and communication issues. For some time, attorneys and organizations have shared documents over VPNs and established Internet document depositories. Currently, court reporting firms provide for depositions over the Internet and store transcripts for attorney access via the web. Some of the vendors that provide services that could be used to conduct litigation, including discovery, in a web centric environment are listed below for your information, examination, and consideration but without any endorsement or approval.
Discovery is conducted outside of court and need not await government programs before being employed by litigants. CCP§2021 allows parties to stipulate to modify discovery procedures. Legislation to permit courts to modify procedures to enable litigants to use technology for cost effective discovery was enacted and is effective as of January 2002.
Most courts have web pages and many provide rulings via the web. Courts are adopting procedures for electronic filing. Some court proceedings are being accessed or conducted over the Internet. Currently, existing civil procedure rules are applied to the new media of electronic data and documents. Absent some good reason to do so, there is no need to rush to adopt new rules or laws. Ill conceived rules could foreclose or inhibit development in this area. However, new rules, procedures, and protections based on experience and technical expertise may be necessary. In addition, modified approaches to privilege issues including inadvertent disclosures may be required.
BASIC PRINCIPLES & GUIDELINESWeb site established for case accessible by parties and court
Internet depositions accessed, taken and stored on the case web site
Document depository established and accessed via case web site
Written discovery created and served on the web site
Service of discovery, responses, motions & notices via the case web site
Discovery demands and responses stored and accessed via web
Calendar maintained on the web reflecting all relevant events for the case
Communications between counsel via web site and mail boxes maintained on site
EXISTING RULES RE ELECTRONIC DISCOVERY-- Discovery Act & Outline
CCP §2031(g)(1) document production in usable form
CCP §2025: audio taped and videotaped depositions
CCP §2021: modification of discovery by stipulation of parties
Complex litigation CRC 1830: electronic service via electronic depositoryThe court may provide in a case management order that documents filed electronically in a central electronic depository available to all parties are deemed served on all parties.
RECENTLY ENACTED LEGISLATION RE ELECTRONIC DISCOVERY
NEW CCP 2017(e) text
Discovery conducted in electronic media and by electronic communication
NEW CCP §2025(h)(3) text
taking and appearing at
a deposition by telephone or other remote electronic means.
WEB SITES RE WEB CENTRIC DISCOVERY
The listing of sites is not intended to promote or recommend any particular service; but only to provide links to different vendors for interested persons to compare services and see what types of services are currently provided. Any suggestions for additions to the list would be appreciated. See also Web Sites re Electronic Discovery
INTERNET DEPOSITIONS
VIDEOCONFERENCE DEPOSITIONS
INTERNET DOCUMENT STORAGE, SHARING AND COLLABORATIVE WORK
INTERNET DOCUMENT DEPOSITORIES & LITIGATION MANAGEMENT
ELECTRONIC FILING
COURT PROCEEDINGShttp://i-dep.com/index.asp
http://www.esquirecom.com/
http://legalink.com/
http://www.depocast.com/
https://www.depostream.com/
VIDEOCONFERENCE DEPOSITIONS
VIDEO RESOURCES & INFORMATION
TELCO PROVIDERS OF VIDEOCONFERENCING
VIDEOCONFERENCING SERVICE PROVIDERS
MANUFACTURERS
VIDEO TELEPHONES
WEBCONFERENCING
COURT REPORTERS
VIDEO RESOURCES & INFORMATIONVtel site for Radvision white papers http://www.vtel.com/products/techinfo/whitepapers.htm
Starbak Information Center: streaming media, videoconferencing white papers
http://www.starbak.com/info_center/over_view.html
US Distance Learning Association http://www.usdla.org/
American Telemedicine Association http://www.atmeda.org/
National Center for State Courts, Court Technology Programs at (757) 259-1544.
http://www.ncsconline.org/WCDS/Pubs/pubs1.asp?search_value=Videoconferencing&major_subject_area=Court%20Technology
http://www.ncsconline.org/WC/Publications/KIS_VidConExSPub.pdf
VSGi's new website contains a Reference Library several white papers of interest
http://www.vsgi.com/index.html
TELCO PROVIDERS OF VIDEOCONFERENCINGAT& T Video Conferencing Services provides an informative site re options and costs
http://www.att.com/videoconferencing/Public rooms available
Integrate video, audio, and data conferencing
View multiple locations on the same screen
Designate which site is viewed by others
24/7; 50 countries; bridge 100 sites
For pricing information: http://www.att.com/videoconferencing/video_pricing_domestic.html
Sprint http://www.sprintbiz.com/tools/icc/
On line reservations, public rooms
Sprint eVideoconferencing
http://www.sprintbiz.com/tools/icc/video_conferencing/evc.html
on-demand connectivity with sites anywhere, anytime, whether they are using IP or ISDN transport
With the Sprint Video Service Bureau, bridging, conversion, and gateway services link your conferencing system to those of your colleagues, customers, partners, and suppliers - even if they're using dissimilar equipment or other carrier networks, private networks, or satellite network
http://www02.sbc.com/Products_Services/Business/ProdInfo_1/1,,593,00.html
VIDEOCONFERENCING SERVICE PROVIDERSVSGi http://www.vsgi.com/
"Supplies equipment ( purchase, lease, rent), peripherals, AV support, installation & training services, maintenance services, software scheduling
Audio conferencing services, multipoint video services, room rentals, and streaming equipment and services."
http://vsgi.com/
http://www.proximity.com
Remote Depositions
"With over 3,500 videoconferencing rooms worldwide, one is never far away from a Proximity videoconferencing site. By utilizing Proximity's premier videoconferencing services, you'll be able to take depositions from practically anywhere in the world without ever having to set foot on a plane! Depositions can also be recorded onto standard videotape for submission and/or review."
Burlington Vt., subsidiary of ACT Teleconferencing of Denver http://www.acttel.com/VTEL http://www.vtel.com/
PC-based videoconferencing systems , multipoint conferencing unit, video network management software, or video streaming
Integration of peripheral devices: white-board systems, cameras, displays, graphics tablets, and touch-panel controls,TANDBERG http://www.tandberg.net/
POLYCOM http://www.polycom.com voice and video communication endpoints, video management software, web conferencing software, multi-network gateways, and multipoint conferencing and network access solutions. The Polycom OfficeTM, a fully integrated, end-to-end video, voice, data and web collaboration solution.
AETHRA http://128.242.40.146/home.asp
"Aethra develops manufactures and markets a wide range of products, from videocommunication and audioconference systems, to test instruments, ISDN and xDSL network terminations, as well as multivideo-audio and data management services."
http://vialta.com/Products/index_product.htm
AETHRA
http://128.242.40.146/home.asphttp://www.viack.com
"Legal professionals frustrated by ever increasing work loads can increase profitability and better serve their clients, without fearing Internet security breaches, with an online meeting service offered by VIACK Corporation. VIA³ from VIACK, which provides live video, telephone quality audio over the computer, joint document editing and instant messaging, is the only online meeting offering that keeps every component of the meeting-including data, instant messaging, audio and video-fully encrypted from sender to receiver, ensuring complete client-attorney confidentiality."Web conferencing software
"Our business communications solutions combine multi-point voice and video conferencing with web-based data collaboration tools over IP networks."
http://www.fvc.comhttp://www.webex.com/ http://www.webex.com/
http://main.placeware.com/index.cfm
Polycom
Netmeeting from Microsoft
http://www.microsoft.com/windows/netmeeting/
http://www.cuseemeworld.com
http://www.meetingplace.net
http://www.zephyrlegal.com/
"THE NETWORK DESIGNED BY COURT REPORTERS FOR COURT REPORTERS TO PROMOTE INCREASED PROFITS THROUGH THE LATEST TECHNOLOGY"
The eSDN system: eSDN=Secure and reilable video-conferencing at an affordable fixed cost
studio-quality equipment plus a private data network
private T1 line
connect to fiber-optic network for transmitting data, voice and video between sites.
The transmission service has a basic data rate of 1.544 Mbits into the cloud.
Once in the cloud, fiber optic data transfer speeds can travel bi directional upto 80 Gbps!
INTERNET DOCUMENT STORAGE, SHARING AND COLLABORATIVE WORKASPs provide secure [SSL]sharing of files via the Web including storage and collaborative support and services: access restrictions [e.g. read only, read /write, access only some files/folders or portions], synchronization of changes, version control and tracking, audit trails, email notifications. Some provide access to only portions of documents and have redacting capabilities. Some provide for participants to access and maintain information unique or personal to them in a personal office. Some integrate and provide on-site email, online discussions of documents, chat rooms, instant messaging, VOIP and video conferencing, message boards, "to do lists", shared calendars and scheduling, search engines, etc. ASP provides space and services but customers control content, access etc. and invite participants who are not charged.
WebEx Internet Conferencing http://www.webex.com/home/default.htm
Placeware Web Conferencing http://www.placeware.com/index.cfm
WebDAV Web Distributed Authoring and Versioning
Web standard that facilitates collaborative efforts for editing and file managing; fully compliant products may offer more options and services.
For more information and links see What Is definition/description.
WebDAV Resources
Legal XML Extensible mark-up language applicable to legal documents that enables identification of specific and unique aspects of legal documents in order to facilitate such practices as e-filing and retrieval.
Legal XML, Inc. "Founded in November 1998, Legal XML is a non-profit organization comprised of volunteer members from private industry, non-profit organizations, government, and academia. The mission of Legal XML is to develop open, non-proprietary technical standards for legal documents."
NET DOCUMENTS Orem, UT
http://netdocuments.com/index.htm
"a solution to store and archive ... documents online, to have a workspace to share documents with geographically dispersed....FAX AND SCAN your documents directly to your NetDocuments folders and drastically reduce the costs and time of document production, delivery and storage....CUT THE COSTS of overnight couriers and postage by securely delivering over the Web with proof of delivery and date and time stamp using the Navy atomic clock....ARCHIVE YOUR DOCUMENTS in a commercial bank data center ensuring the continuity of your business in case of any type of disaster.... create a new document from within our user interface as if you are on your desktop....click once to open and edit, click once to close and save. The concurrency control ensures that only one user at a time can edit a document. Users never have to spend time synchronizing multiple versions of documents or determining which is the most recent copy.... automatic online and offline backups, and redundancy at every level. "echoing," optionally stores a copy of your documents on both your LAN (or Desktop) and the Web, automatically. The service retrieves the most recent copy from either the LAN or the Web, performing real-time synchronization.... can search the text of the documents and profiles..Break Out Deal Sessions allowing each party to "breakout" temporarily—to allow edits and reviews for one party and not allow the other party to see those changes until you're ready...A digital signature establishes the identity of the signer, creates a time stamp (from Navy atomic clock), and makes the document unalterable. NetDocuments can be used as an electronic escrow service for legally binding documents. Digital certificates can also be used for login authentication
PUNCH WEBGROUPS Seattle, Wash.
http://www.punchnetworks.com/
"Punch WebGroups lets any Internet user store and collaborate on any file of any size on the Web using just their Web browser. Punch WebGroups provides not only a secure location for people to store their files, but also adds best-of-breed basic document management features to aid users in managing the changes to their documents. Punch WebGroups automatically stores and indexes file versions, notifies users via email when new files are created or existing files are updated, and lets users check to see which other users have downloaded which version of any particular shared file. Its display also lets users know whether or not files they have on their machine are up-to-date or not."
TEAMDRIVE San Jose, California
http://www.teamstream.com
"connect virtual teams online...enhance the ability of both mobile users and virtual team members to access files from any geographic location - ... share that information via the Internet." Provides "network drive that turns Internet servers into secure virtual drives by providing drive-letter access. We also offer document linking, local caching, 'instant saves' and automatic synchronization"
eREVIEW www.ereviewonline.com Yorba Linda, CA 92887
http://www.ereviewonline.com/ Directed more to the engineering community but worth checking out. Sign up for a live demo.
"Web4, Inc. is a wholly owned subsidiary of netGuru, Inc. (NASDAQ: NGRU), a
company with over twenty years experience in engineering software development.
Web4 is a comprehensive provider of complete ASP and enterprise-wide collaboration
solutions and technologies including its two-cornerstone products, eReview (a real-time,
platform agnostic collaborative 2D/3D viewer capable of natively reading over
150 file formats) and WebWorks (a comprehensive project/document management
system)....Web4 provides the infrastructure and technology to enable other companies to become ASPs. ... eReview, users conduct real-time online conferences where participants can retrieve, view and annotate documents and drawings anywhere, anytime, on any computer, in a true real-time collaborative environment.... WebWorks is a robust document and application management system. Set up and administer a project, run engineering software applications for use with project files, and access online e-mail, calendaring, to-do lists and a message board system."
WEB WORK ZONE Maynard, Mass. Free 30 day trial
http://webworkzone.com/ www.sitescape.com
"Users can host online discussions; share and revise documents and files; chat; send quick messages and schedule meetings using shared calendars....Provides a universally-accessible, single point for information, including documents, discussions and chats....SiteScape fully integrates the powerful AltaVista Search technology into our products to enable searching across all workspaces, entries and attached documents....real-time online conferencing capabilities .... "
CaseCentral Collaboration Express http://www.casecentral.com/cc/sol_ce
"... a solution for secure document and multi-calendar management. Collaboration Express is a suite of online collaborative tools, which allow you to work jointly with colleagues and clients on work product documents. Our hosted application reduces the complexity and inefficiency of work product management, regardless of the size of the team or the volume of information."
INTERNET DOCUMENT DEPOSITORIES & LITIGATION MANAGEMENT
Quorum Litigation Services
Document management and repository; litigation support
Electronic discovery"In 1966, Control Data Corporation (CDC) established an internal department (now known as Quorum) to support its massive antitrust litigation effort against IBM. ...Realizing the tremendous advantage automated document control played in the lawsuit, CDC began offering Quorum's services to hundreds of law firms and corporate legal departments throughout the world. This service has been continuous for 35 years as Quorum remains the first, oldest, and largest computerized support company in the world."
950 Blue Gentian Road
Eagan, MN 55121-1500
Phone: 800.328.4454 / 651.234.5678
Fax: 651.234.5566
www.quorum.com
Legal Computer Solutions provides a variety of services including intranet, extranet and collaborative technology.
http://www.lcsweb.com/
LextraNet: Extranet litigation support; http://lextranet.com/
http://www.casehomepage.com/
"CaseHomePage enables judges and lawyers to: (I) transmit, store, search, access, print and manage paper documents, (ii) access and print court orders and instructions from the Court, (iii) communicate more efficiently with the court and the other parties via bulletin boards and case calendars, and (iv) obtain news and other information pertaining to a case. Judges and lawyers access documents and information through a secure password protected homepage which is supported by an assigned case manager to provide the users with technical and administrative support. ...The CaseHomePage system is very economical. In most cases, the cost savings from using the system exceeds the traditional costs associated with providing copies of documents to the other lawyers by mail or courier. " "...monthly fees to each user and storage charges divided among all of the users."
See the MDL fenphen diet drug litigation page at http://www.fenphen.verilaw.com/
http://www.applieddiscovery.com/
http://daticon.com/
Nationwide full service litigation support company. Services include
scanning, coding, electronic discovery, technology sourcing, Internet
repository (ASP). Virtual Partner(tm) software is a complete litigation
support system. www.daticon.com
http://www.casecentral.com/
http://www.ikon.com/services/legal/
http://www.paperchaser.com/
http://www.serengetius.com/
http://www.tlex.com/promo/pages/about.lasso
http://www.doar.com/index.htmhttp://verilaw.com electronic filing and service of documents. Counsel receive email notification of a new filing with a link to that document for immediate review.
http://atcourt.com/
http://www.justicelink.comWise County Virginia
Orange County, Florida
Delaware County, Ohio
See the firm that produced the internet courtrooms
Jefferson Audio Video Systems, Inc.; Louisville, KY
http://www.javs.com/courts/index.html
NEW LEGISLATION
NEW STATUTES
CONDUCTING ELECTRONIC DISCOVERY
Discovery takes place outside of court and documents are not filed except when the process breaks down and court intervention is required. For many years, private firms have maintained neutral document depositories for all parties to the litigation. In recent years, corporations involved in multi-district litigation have used web based programs to share discovery and other documents on a national level among law firms. Currently, private vendors maintain electronic document depositories and provide web hosting and similar services for corporations and insurance companies involved in multi-district litigation. Federal and state complex litigation manuals provide for utilizing current technology by stipulation to realize cost savings and facilitate the discovery process. CRC Rule 1830, adopted effective January 1, 2000, provides that in "complex litigation"" The court may provide in a case management order that documents filed electronically in a central electronic depository available to all parties are deemed served on all parties" .
The benefits of electronic discovery, including but not limited to those of CRC Rule 1830, should not be limited to "complex litigation" and should not be dependent on the stipulation of the parties. Pursuant to stipulation or court order in a particular action, such benefits should be made available to all parties to all litigation. Courts should be expressly empowered to order such alternative means of electronic service, production, storage, access etc. with regard to discovery. Courts would directly benefit by having access to such web sites when necessary to access documents to resolve discovery disputes and ultimately for use at settlement conferences or trial. Legislation was enacted in 2001 to clarify that such alternatives are available, to authorize courts to order the use of such technology, and to assure potential developers and vendors that a potential market exist for such services so that the public can benefit from competition.
The new CCP §2017(e) enables parties to use existing and future technology to conduct discovery in order to facilitate the process and reduce expenses. It does not prescribe a particular process or media but allows parties and courts on a case by case basis, and the Judicial Council by rule, to select appropriate procedures and practices. In the case of the Judicial Council, it might authorize specific practices as it did in Rule 1830; it might set minimum standards addressing such issues as backup and storage, security, tech support, redundancy, etc.; and it might develop guidelines for courts and parties to consider when adopting a procedure on a case by case basis.
For example, the new statute would enable parties to conduct discovery in a web centric environment, with all documents--- depositions, discovery requests and responses, pleadings, court orders, calendars, communications, etc.--- maintained in a central web depository accessible by attorneys and the court by their web browser via the Internet. Discovery documents and responses might be created and stored on the web site. Templates and Judicial Council forms might be available for access, completion, and service of discovery and responses thereto on the web site. Each attorney would have a mailbox on the web site for communications and service. Calendars would be maintained on the web site regarding whatever the parties considered useful --- court dates, deposition dates, vacations, service or due dates for discovery, etc. Service on all parties would be done via the web site. If depositions were being conducted over the Internet, the web site might be the point of access for participants and the depository of the completed and pending depositions including video/audio versions as well as transcripts. Attorneys would be able to share documents and to draft orders on the web site. Most likely, the sites would be maintained by neutral private vendors who would compete for business on the basis of price and services in a variety of manners. Vendors might offer basic services for minimal or no cost and seek revenue from additional features. The service would have to be cost effective or otherwise desirable to attract lawyers. Vendors might offer related services such as Internet depositions, mediation of discovery disputes involving electronic data, discovery referees, electronic filing, etc.
A few years ago, web sites resembled the yellow pages. Today, they are an interactive means of communication and a source of considerable information. Similarly, electronic discovery could be expected to evolve more rapidly from an electronic document depository to a new media for conducting discovery in a cost effective and convenient manner. The new statute was designed to enable parties, courts and the Judicial Council to use this tool for cost effective litigation, to provide for changing technologies and innovative procedures, and to encourage private vendors to develop products that would assist the process.
Electronic filing was approved by the legislature and rules are being formulated to implement that practice. The new act does not relate directly to those issues since it involves the discovery process which generally takes place outside of court. Similarly, it does not relate directly to admissibility at trial or pretrial proceedings.
NEW STATUTE enacted 9/10/01
CCP §2017 (e)(e) (1) Pursuant to noticed motion, a court may enter orders for
the use of technology in conducting discovery in cases designated as
complex pursuant to Section 19 of the Judicial Administration
Standards, cases ordered to be coordinated pursuant to Chapter 3
(commencing with Section 404) of Title 4 of Part 2, or exceptional
cases exempt from case disposition time goals pursuant to Article 5
(commencing with Section 68600) of Chapter 2 of Title 8 of the
Government Code, or cases assigned to Plan 3 pursuant to paragraph
(3) of subdivision (b) of Section 2105 of the California Rules of
Court. In other cases, the parties may stipulate to the entry of
orders for the use of technology in conducting discovery.
(2) An order authorizing that 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:(A) They promote cost-effective and efficient discovery or motions relating thereto.
(B) They do not impose or require undue expenditures of time or money.
(C) They do not create an undue economic burden or hardship on any person.
(D) 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.
(E) They do not require parties or counsel to purchase exceptional or unnecessary services, hardware, or software.
(3) Pursuant to these orders, 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
the service of requests for discovery and responses, service and
presentation of motions, production, storage, and access to
information in electronic form, and the conduct of discovery in
electronic media. The Judicial Council may promulgate rules,
standards, and guidelines relating to electronic discovery and the
use of such discovery data and documents in court proceedings.
(4) Nothing in this subdivision shall diminish the rights and
duties of the parties regarding discovery, privileges, procedural
rights, or substantive law.
(5) If a service provider is to be used and compensated by the
parties, the court shall appoint the person or organization agreed
upon by the parties and approve the contract agreed upon by the
parties and the service provider. If the parties do not agree on the
selection, each party shall submit to the court up to three nominees
for appointment together with a contract acceptable to the nominee
and 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. Pursuant to noticed motion at any time and
upon 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
service providers may be determined on noticed motion in the action.
(6) Subject to these findings and the purpose of permitting and
encouraging cost-effective and efficient discovery, "technology," as
used in this section, 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.
(7) Nothing in this subdivision shall be construed to modify the
requirement for use of a nonstenographic court reporter as provided
in paragraph (1) of subdivision (l) of Section 2025. The rules,
standards, and guidelines adopted pursuant to this subdivision shall
be consistent with the requirement of paragraph (1) of subdivision
(l) of Section 2025 that deposition testimony be taken stenographically unless the parties agree or the court orders otherwise.
(8) Nothing in this subdivision shall be construed to modify or affect
in any way the process used for the selection of a stenographic court reporter.
Increasingly, parties are conducting depositions by remote electronic means due to improved technologies and both time and financial constraints, particularly when the nature of the testimony or other factors do not require the personal attendance of the attorney. Effective 2002, such practices are expressly authorized by statute. In the past, courts have prohibited deposition practices not expressly authorized by statute. In 1977, the Supreme Court reversed the Court of Appeal and prohibited the practice of court ordered videotaping of depositions because the legislature had not expressly authorized the practice. Baily v. Superior Court (1977), 19 Cal.3d 970. In 1986, the legislature authorized video taping in CCP 2025(l). In 1997, the Supreme Court approved of nonverbal testimony at a videotaped deposition though such testimony is not expressly authorized. In doing so, it resolved the conflict of appellate court decisions, declined to follow Baily on the issue of nonverbal testimony, and held that nonverbal testimony including the reenactment of the accident could be required though not expressly authorized. Emerson Electric Co. v. Superior Court (1997), 16 Cal.4th 1101 affirming 49 Cal.App.4th 931 and overruling Stermer v. Superior Court(1993) 20 Cal.App.4th 777. Although the cases do not deal with the issue of remote appearances at deposition, legislation and/or court rules were desirable if not required in order to clarify that telephonic appearances at depositions are permissible and to provide a procedure for such appearances .
§ 2025(h)(3)(3) A person may take, and any person other than the deponent may
attend, a deposition by telephone or other remote electronic means.
The court may expressly provide that a nonparty deponent may appear
at his or her deposition by telephone if it finds there is good cause
and no prejudice to any party. A party deponent must appear at his
or her deposition in person and be in the presence of the deposition
officer. The procedures to implement this section shall be
established by court order in the specific action proceeding or by
the California Rules of Court.