BILL NUMBER: AB 1875	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2012
	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, except  as   under  specified 
circumstances  . 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. 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 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   unless a licensed
physician attests in a declaration served on the parties that the
deponent suffers from an illness or condition that raises substantial
medical doubt of survival of the deponent beyond six months, in
which case the deposition shall be limited to two days of no more
than seven hours each day  . 
   (4) To any case brought by an employee or applicant for employment
against an employer for acts or omissions arising out of or relating
to the employment relationship.  
   (5) To any deposition of a person who is designated as the most
qualified person to be deposed under Section 2025.230.