Legal Question in Product Liability in California
Can someone tell me what the purpose is to lodge a deposition transcript with the court? I'm a plaintiff and was told by someone that I should lodge my deposition transcript with the court. Does that mean that I have to actually give the deposition transcript to the court before trial or just provide them with a notice? Thank you.
2 Answers from Attorneys
"Lodging" means to file it with the Court so that it is put into [lodged] the case file. The Courts want as little paperwork as possible so for some time the practice has been that the court reporter who takes the deposition keeps the original until close to the trial date and then sends it either to the court or the attorney who took the deposition, the original being in a sealed envelope. Once you know the trial date, you tell the reporter. Counsel can also agree to release the original to one of the attorneys involved in the case [normally the one who took the deposition]. It is a good idea to put on the record who will have the original depo transcript. You should check the local court rules to be sure they do not have a different policy.
Mr. Shers is correct that you should consult with your local court for their preferred practices. You might also ask the court reporter. I strongly recommend you NOT take posession of the original if you have not already. It's one thing for an attorney to do so, quite another for a party to have it. The last thing you want is to give any opportunity for tampering claims.
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