Civil Procedure: discovery.

Existing law generally prohibits a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy, from being made or disseminated. This prohibition does not apply for use in a criminal action or proceeding in this state that relates to the death of that person, or, as a court permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least 5 days before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made. This bill would additionally authorize the making or dissemination of a copy, reproduction, or facsimile described above for use or potential use in a civil action or proceeding that relates to the death of the deceased person (1) if the coroner receives written authorization from a legal heir or representative of the deceased person before the action is filed or while the action is pending and the legal heir or representative provides to the coroner a declaration under penalty of perjury, a valid form of identification, and a certified death certificate, or (2) if a subpoena is issued by a party who is a legal heir or representative of the deceased person in a pending civil action. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. Existing law prescribes the procedure for taking oral depositions inside the state and authorizes any party, after the setting of the initial trial date for an action, to demand the simultaneous exchange by all parties of lists containing the names and addresses of any persons expected to provide expert opinion testimony at the trial. Existing law also provides that a demand for an exchange of expert witness lists may include a demand for the production of discoverable reports and writings made by the listed expert witnesses. Existing law authorizes a party, to depose any expert disclosed in an expert witness list. This bill would require a deponent who is served with a deposition notice or subpoena calling for electronically stored information to provide a means of gaining direct access to, or a translation into a reasonably usable form of, any information that is password protected or otherwise inaccessible. The bill would also require an expert who is served with a deposition notice, as specified, to produce any materials or category of materials, including any electronically stored information, no later than 3 business days before his or her deposition. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.