BILL ANALYSIS Ó
AB 1875
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1875 (Gatto)
As Amended August 22, 2012
Majority vote
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|ASSEMBLY: |50-24|(May 31, 2012) |SENATE: |24-14|(August 27, |
| | | | | |2012) |
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Original Committee Reference: JUD.
SUMMARY : Limits a civil deposition of any person to one day of
seven hours, except as specified. Specifically this bill :
1)Provides, unless ordered by the court, that a deposition in a
civil case shall be limited to one day of seven hours. Specifies
that 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.
2)Specifies that the limitation described above shall not apply
under any of the following circumstances:
a) If the parties have stipulated that the provisions of this
bill will not apply to a specific deposition or to the entire
proceeding;
b) To any deposition of an expert witnesses, as defined;
c) To any case designated a complex case, as defined in the
California Rules of Court, unless the medical condition of the
deponent, as attested to by a licensed physician, justifies a
deposition limited to two days of no more than seven hours each
day, as specified;
d) To any case brought by an employee or applicant against an
employer for acts or omissions arising out of or relating to
the employment relationship;
e) To any deposition of a person who is designated as the most
qualified person to be deposed, as specified; or,
f) To any party who appeared in the action after the deposition
has concluded, in which case the new party may notice another
AB 1875
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deposition subject to the requirements of this bill.
The Senate amendments :
1)Provide that a deposition in a complex case may be limited to two
days of seven hours, as specified, if a licensed physician
determines that the medical condition of the deponent justifies
such a limitation.
2)Specify that the general rule of limiting a deposition to one day
of seven hours does not apply to depositions in certain employment
cases or to the deposition of a person who is designated as the
most qualified person, as specified, or to any new party who
appeared in the action after the deposition has concluded, as
specified.
EXISTING LAW :
1)Permits a party to a civil action to take an oral deposition of
any person, including other parties to the action, upon service of
a proper notice indicating the date, time, and location of the
deposition, as well as notice of any materials that must be
produced at the deposition.
2)Permits any party or deponent, at any time before, during, or
after a deposition, to seek an order from the court protecting the
deponent from unwarranted annoyance, embarrassment, or oppression,
or undue burden or expense, and authorizes a deposition officer to
suspend the taking of testimony to enable the party or deponent to
move for such protective order. Specifies that the protective
order may impose certain conditions or limitations on the
deposition, including an order that the deposition be terminated
or not taken at all.
3)Provides, under federal rules, that unless otherwise stipulated or
ordered by the court, a deposition is limited to one day of seven
hours. Specifies that a federal court may 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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar to
the version approved by the Senate.
FISCAL EFFECT : None
AB 1875
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COMMENTS : Existing law allows a party to a civil action to take an
oral deposition of any person, including another party or the other
party's witness, as part of the pre-trial civil discovery process.
This testimony is reduced to writing for purposes of preparing for
trial or, under some circumstances, for use at trial. California's
Civil Discovery Act sets forth a number of rules governing the means
and times for notifying deponents and the manner in which
depositions must be conducted. In many ways California law
parallels the Federal Rules of Civil Procedure on these matters.
For example, both federal rules and state law permit a deponent or
party to seek a protective order terminating the deposition if it
becomes overly oppressive or burdensome. However, while the federal
rules presumptively limit depositions to one day of seven hours per
deponent - unless circumstances warrant additional time or the
parties stipulate otherwise - California law contains no such
limitation. According to the author and supporters of this bill,
the lack of any limitation in state law has led to needlessly long
and repetitive questioning of deponents.
This bill, therefore, would adopt a variation of the Federal Rules
of Civil Procedure by limiting a civil deposition, as a general
rule, to one day of seven hours, unless the court orders additional
time as needed. This bill also specifies that this seven hour rule
would not apply if the parties stipulate otherwise or under any of
the following circumstances: 1) the deposition of an expert
witness; 2) in any case designated as "complex," unless a licensed
physician determines that the deponent's medical condition, as
specified, justifies limiting the deposition to two days of no more
than seven hours; 3) in any case brought by an employee or applicant
for employment against an employer relating to the employment
relationship; 4) to any deposition of person who is designated as
"the most qualified person" under Code of Civil Procedure Section
2025.230; or, 5) to any new party who appears in the action after
the deposition has been concluded, in which case the new party could
depose witnesses subject to the requirements of this bill.
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334FN:
0005486