Amendment to CCP Sec. 273 Regarding “Visual Rough Drafts” Approved

Posted in: Uncategorized

The California Legislature recently passed AB 170 which provides for an amendment to Code of Civil Procedure Sec. 273 regarding the use of rough draft transcripts. The new amendment specifically deals with how the “instant visual display” shall not be used to contradict the official certified transcript.

As the Legislative Counsel explains :

This bill would provide, until January 1, 2017, that the instant visual display of the testimony or proceedings, or both, shall not be certified and cannot be used, cited, distributed, or transcribed as the official certified transcript of the proceedings. The bill also would prohibit the citation or use of the instant visual display of the testimony or proceedings, or both, to rebut or contradict the official certified transcript of the proceedings.

And the new subsection (c) added to CCP Sec. 273 reads as follows:

(c) The instant visual display of the testimony or proceedings, or both, shall not be certified and cannot be used, cited, distributed, or transcribed as the official certified transcript of the proceedings. The instant visual display of the testimony or proceedings, or both, shall not be cited or used in any way or at any time to rebut or contradict the official certified transcript of the proceedings as provided by the official reporter or official reporter pro tempore.

1. Debbie Mayer
   August 18th, 2009 at 7:48 am

   Does this amendment to CCP 273 also apply to depositions?

   I’ve stayed up many late nights cleaning up roughs for attorneys because I
   know they will be using my rough drafts to cite or “use in any way” rather than
   pay for an expedite!

   Thanks.