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§ 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

In one sentenceSection 2020.420 requires the deposition officer for a records-only subpoena to be a registered professional photocopier, or someone exempt from that registration, with no financial interest in the case and no family or employment tie to any party's attorney, and treats an unraised objection to that officer's qualifications as waived.

Full Text of § 2020.420

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The officer for a deposition seeking discovery only of business records for copying under this article shall be a professional photocopier registered under Chapter 20 (commencing with Section 22450) of Division 8 of the Business and Professions Code, or a person exempted from the registration requirements of that chapter under Section 22451 of the Business and Professions Code. This deposition officer shall not be financially interested in the action, or a relative or employee of any attorney of the parties. Any objection to the qualifications of the deposition officer is waived unless made before the date of production or as soon thereafter as the ground for that objection becomes known or could be discovered by reasonable diligence.

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.)

Source & verification. Section text is reproduced verbatim from the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: deposition officer qualifications californiaprofessional photocopier records subpoena