BILL NUMBER: AB 1875	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2012

INTRODUCED BY   Assembly Member Gatto
    (   Coauthor:   Assembly Member  
Ammiano   ) 

                        FEBRUARY 22, 2012

   An act to add Section 2025.290 to the Code of Civil Procedure,
relating to depositions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1875, as amended, Gatto. Civil procedure: depositions.
   Existing law authorizes the use of depositions in discovery in
civil actions. Any party to a civil action may take an oral
deposition of any person, including other parties to the action,
following service of a deposition notice notifying the deponent of
the date, location, and time of the deposition, as well as any
materials to be produced by the deponent.
   This bill would limit a deposition of any person to one day of 7
hours  or to no more than 7 hours over 2 or more days if a
witness is ill or over 65 years of age, except as specified .
Under the bill, the court would be required to allow additional time
if necessary to fairly examine the deponent. The court would also be
required to allow additional time if the deponent, another person, or
any other circumstance impedes or delays the examination.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 2025.290 is added to the Code of Civil
Procedure, to read:
   2025.290.   Unless   (a)   
 Except as provided in subdivision (b), or unless  otherwise
stipulated to or ordered by the court, a deposition is limited to
one day of seven hours  or no more than seven hours over two or
more days if a witness is ill or is over 65 years of age  . The
court shall allow additional time if needed to fairly examine the
deponent or if the deponent, another person, or any other
circumstance impedes or delays the examination. 
   (b) This section shall not apply if the parties have stipulated
that this section will not apply to a specific deposition or to the
entire proceeding.