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Emerson Electric Co. v. California Superior Court
(California Supreme Court)
Performance of non-verbal acts at a deposition
The NAM and the Product Liability Advisory Council filed a joint amicus brief 4/23/97 in this case seeking to require witnesses to perform non-verbal acts at videotaped depositions. The court held that "answer" as used in the Code of Civil Procedure includes nonverbal responses at a videotaped deposition. The trial court may impose a sanction, including evidence preclusion, if a deponent refuses to comply with an order compelling that a nonverbal answer be given. The case affects all businesses and product manufacturers who become involved in litigation in California.
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