BILL NUMBER: AB 1875	CHAPTERED
	BILL TEXT

	CHAPTER  346
	FILED WITH SECRETARY OF STATE  SEPTEMBER 17, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 17, 2012
	PASSED THE SENATE  AUGUST 27, 2012
	PASSED THE ASSEMBLY  AUGUST 29, 2012
	AMENDED IN SENATE  AUGUST 22, 2012
	AMENDED IN SENATE  AUGUST 14, 2012
	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, 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 7 hours of
total testimony, except 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. The bill
would state the intent of the Legislature with regard to these
matters.



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 by any
court order, including a case management order, a deposition
examination of the witness by all counsel, other than the witness'
counsel of record, shall be limited to seven hours of total
testimony. The court shall allow additional time, beyond any limits
imposed by this section, 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, 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 examination of the witness by all counsel,
other than the witness' counsel of record, shall be limited to two
days of no more than seven hours of total testimony each day, or 14
hours of total testimony.
   (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.
   (6) To any party who appeared in the action after the deposition
has concluded, in which case the new party may notice another
deposition subject to the requirements of this section.
   (c) It is the intent of the Legislature that any exclusions made
by this section shall not be construed to create any presumption or
any substantive change to existing law relating to the appropriate
time limit for depositions falling within the exclusion. Nothing in
this section shall be construed to affect the existing right of any
party to move for a protective order or the court's discretion to
make any order that justice requires to limit a deposition in order
to protect any party, deponent, or other natural person or
organization from unwarranted annoyance, embarrassment, oppression,
undue burden, or expense.