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Under Gov. Code §69954.

(d) Any party who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.

Deposition transcripts are NOT evidence. They are testimonial in character. Thus, they are used for impeachment or as substantive testimony (e.g., witness unavailable, may read the deposition testimony in lieu of witness being able to testify).

Court rules require the lodging of the original transcript in order to use the testimony during trial. Government Code controls and there is no obligation to provide a copy to opposing party.

No due process violation because: 1) the lodging party must give all other parties notice of the transcripts being lodged; and 2) the deposition can only be used if the opposing party was either present at the deposition or was given notice and an opportunity to attend.

Additionally, the court rules also require the attorney who is proffering deposition testimony as substantive testimony must premark the portions of the transcript to be used, and the other party can object to those portions or request additional portions to be added.

Lodging the transcript in advance also allows the transcript-less counsel to go to the courtroom and review in advance re portions to add and/or objections to raise.

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