BILL NUMBER: AB 1875	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 7, 2012
	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.  (a) Except as provided in subdivision (b),  or
unless otherwise stipulated to  or  as  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.