BILL NUMBER: AB 1875	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 30, 2012
	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 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.   under any of the
following circumstances:  
   (1) If the parties have stipulated that this section will not
apply to a specific deposition or to the entire proceeding. 

   (2) To any deposition of a witness designated as an expert
pursuant to Sections 2034.210 to 2034.310, inclusive.  
   (3) To any case designated as complex by the court pursuant to
Rule 3.400 of the California Rules of Court, if that case has more
than five defendants.