BILL NUMBER: AB 2619	CHAPTERED
	BILL TEXT

	CHAPTER  303
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2008
	PASSED THE SENATE  JULY 14, 2008
	PASSED THE ASSEMBLY  AUGUST 12, 2008
	AMENDED IN SENATE  JUNE 19, 2008
	AMENDED IN SENATE  JUNE 12, 2008

INTRODUCED BY   Assembly Member Charles Calderon

                        FEBRUARY 22, 2008

   An act to amend Sections 2034.420 and 2034.430 of the Code of
Civil Procedure, relating to civil actions and proceedings.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2619, Charles Calderon. Civil actions and proceedings.
    Existing law sets forth numerous provisions governing discovery
in civil actions and proceedings. Existing law requires the
deposition of any expert witness, as described, to be taken at a
place that is within 75 miles of the courthouse where the action is
pending. Existing law requires the party desiring to depose an expert
witness, as described, other than a party or an employee of a party,
to pay the expert's fee for any time spent at the deposition, as
specified.
   This bill would correct an erroneous cross-reference in these
provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2034.420 of the Code of Civil Procedure is
amended to read:
   2034.420.  The deposition of any expert described in subdivision
(b) of Section 2034.210 shall be taken at a place that is within 75
miles of the courthouse where the action is pending. On motion for a
protective order by the party designating an expert witness, and on a
showing of exceptional hardship, the court may order that the
deposition be taken at a more distant place from the courthouse.
  SEC. 2.  Section 2034.430 of the Code of Civil Procedure is amended
to read:
   2034.430.  (a) Except as provided in subdivision (f), this section
applies to an expert witness, other than a party or an employee of a
party, who is any of the following:
   (1) An expert described in subdivision (b) of Section 2034.210.
   (2) A treating physician and surgeon or other treating health care
practitioner who is to be asked during the deposition to express
opinion testimony, including opinion or factual testimony regarding
the past or present diagnosis or prognosis made by the practitioner
or the reasons for a particular treatment decision made by the
practitioner, but not including testimony requiring only the reading
of words and symbols contained in the relevant medical record or, if
those words and symbols are not legible to the deponent, the
approximation by the deponent of what those words or symbols are.
   (3) An architect, professional engineer, or licensed land surveyor
who was involved with the original project design or survey for
which that person is asked to express an opinion within the person's
expertise and relevant to the action or proceeding.
   (b) A party desiring to depose an expert witness described in
subdivision (a) shall pay the expert's reasonable and customary
hourly or daily fee for any time spent at the deposition from the
time noticed in the deposition subpoena, or from the time of the
arrival of the expert witness should that time be later than the time
noticed in the deposition subpoena, until the time the expert
witness is dismissed from the deposition, regardless of whether the
expert is actually deposed by any party attending the deposition.
   (c) If any counsel representing the expert or a nonnoticing party
is late to the deposition, the expert's reasonable and customary
hourly or daily fee for the time period determined from the time
noticed in the deposition subpoena until the counsel's late arrival,
shall be paid by that tardy counsel.
   (d) Notwithstanding subdivision (c), the hourly or daily fee
charged to the tardy counsel shall not exceed the fee charged to the
party who retained the expert, except where the expert donated
services to a charitable or other nonprofit organization.
   (e) A daily fee shall only be charged for a full day of attendance
at a deposition or where the expert was required by the deposing
party to be available for a full day and the expert necessarily had
to forgo all business that the expert would otherwise have conducted
that day but for the request that the expert be available all day for
the scheduled deposition.
   (f) In a worker's compensation case arising under Division 4
(commencing with Section 3201) or Division 4.5 (commencing with
Section 6100) of the Labor Code, a party desiring to depose any
expert on another party's expert witness list shall pay the fee under
this section.