§ 2020.420.Deposition officer; qualifications; objections
Title 4. Civil Discovery Act · Chapter 6. Nonparty Discovery · Article 4. Subpoena Commanding Only Production of Business Records for Copying · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2020.420
Plain-English Summary
Copying business records for litigation isn't a job for just anyone, and this section sets who's qualified to do it. The deposition officer handling a records-only subpoena has to be a professional photocopier registered under the Business and Professions Code, or someone specifically exempted from that registration requirement. Either way, that officer can't have a financial stake in the outcome of the case, and can't be a relative or employee of any attorney representing a party.
The independence requirement matters because this officer handles records that could shape the litigation, and the section builds in a deadline for challenging it: an objection to the deposition officer's qualifications is waived unless raised before the production date, or as soon after as the objecting party learns of the problem or could have discovered it through reasonable diligence.
Frequently Asked Questions
Who is qualified to serve as the deposition officer for a records-only subpoena?
A professional photocopier registered under Chapter 20 of Division 8 of the Business and Professions Code, or a person exempt from that registration requirement.
Can a party's relative or employee serve as the deposition officer?
No. The deposition officer can't be financially interested in the action or a relative or employee of any attorney for the parties.
When must an objection to the deposition officer's qualifications be raised?
Before the production date, or as soon after as the ground for the objection becomes known or could be discovered through reasonable diligence, or it's waived.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)