CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 632Introduced by Senator MonningFebruary 17, 2017 An act to add Section 2025.295 to the Code of Civil Procedure, relating to depositions. LEGISLATIVE COUNSEL'S DIGESTSB 632, as introduced, Monning. Civil discovery: depositions. Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Under existing law, a deposition examination of the witness by all counsel, other than the witness counsel of record, is generally limited to 7 hours of total testimony. Existing law provides an exception to the 7-hour limitation for depositions taken in cases designated as complex. In such cases, the deposition examination of a witness by all counsel other than the witness counsel of record is limited to 2 days of no more than 7 hours of total testimony each day, or 14 hours of total testimony, unless a licensed physician attests that the deponent suffers from an illness or condition that raises substantial medical doubt of the deponents survival beyond 6 months.This bill would require that, in any civil action for injury or illness based upon exposure to asbestos, a deposition examination of the witness by counsel other than the witness counsel of record be limited to 7 hours of total testimony if a licensed physician attests in a declaration that the deponent is either over 70 years of age and his or her health is such that a deposition of more than 7 hours will prejudice the deponents interest in the litigation, or that, without regard to age of the deponent, the deponent suffers from an illness or condition that raises substantial medical doubt of the survival of the deponent beyond 6 months.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2025.295 is added to the Code of Civil Procedure, to read:2025.295. Notwithstanding Section 2025.290, in any civil action for injury or illness based upon exposure to asbestos, 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 if a licensed physician attests in a declaration served on the parties that either: (a) The deponent is over 70 years of age and his or her health is such that a deposition of more than seven hours will prejudice the deponents interest in the litigation.(b) Without regard to the age of the deponent, the deponent suffers from an illness or condition that raises substantial medical doubt of the survival of the deponent beyond six months.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 632Introduced by Senator MonningFebruary 17, 2017 An act to add Section 2025.295 to the Code of Civil Procedure, relating to depositions. LEGISLATIVE COUNSEL'S DIGESTSB 632, as introduced, Monning. Civil discovery: depositions. Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Under existing law, a deposition examination of the witness by all counsel, other than the witness counsel of record, is generally limited to 7 hours of total testimony. Existing law provides an exception to the 7-hour limitation for depositions taken in cases designated as complex. In such cases, the deposition examination of a witness by all counsel other than the witness counsel of record is limited to 2 days of no more than 7 hours of total testimony each day, or 14 hours of total testimony, unless a licensed physician attests that the deponent suffers from an illness or condition that raises substantial medical doubt of the deponents survival beyond 6 months.This bill would require that, in any civil action for injury or illness based upon exposure to asbestos, a deposition examination of the witness by counsel other than the witness counsel of record be limited to 7 hours of total testimony if a licensed physician attests in a declaration that the deponent is either over 70 years of age and his or her health is such that a deposition of more than 7 hours will prejudice the deponents interest in the litigation, or that, without regard to age of the deponent, the deponent suffers from an illness or condition that raises substantial medical doubt of the survival of the deponent beyond 6 months.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 632
Introduced by Senator MonningFebruary 17, 2017
Introduced by Senator Monning
February 17, 2017
An act to add Section 2025.295 to the Code of Civil Procedure, relating to depositions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 632, as introduced, Monning. Civil discovery: depositions.
Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Under existing law, a deposition examination of the witness by all counsel, other than the witness counsel of record, is generally limited to 7 hours of total testimony. Existing law provides an exception to the 7-hour limitation for depositions taken in cases designated as complex. In such cases, the deposition examination of a witness by all counsel other than the witness counsel of record is limited to 2 days of no more than 7 hours of total testimony each day, or 14 hours of total testimony, unless a licensed physician attests that the deponent suffers from an illness or condition that raises substantial medical doubt of the deponents survival beyond 6 months.This bill would require that, in any civil action for injury or illness based upon exposure to asbestos, a deposition examination of the witness by counsel other than the witness counsel of record be limited to 7 hours of total testimony if a licensed physician attests in a declaration that the deponent is either over 70 years of age and his or her health is such that a deposition of more than 7 hours will prejudice the deponents interest in the litigation, or that, without regard to age of the deponent, the deponent suffers from an illness or condition that raises substantial medical doubt of the survival of the deponent beyond 6 months.
Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Under existing law, a deposition examination of the witness by all counsel, other than the witness counsel of record, is generally limited to 7 hours of total testimony. Existing law provides an exception to the 7-hour limitation for depositions taken in cases designated as complex. In such cases, the deposition examination of a witness by all counsel other than the witness counsel of record is limited to 2 days of no more than 7 hours of total testimony each day, or 14 hours of total testimony, unless a licensed physician attests that the deponent suffers from an illness or condition that raises substantial medical doubt of the deponents survival beyond 6 months.
This bill would require that, in any civil action for injury or illness based upon exposure to asbestos, a deposition examination of the witness by counsel other than the witness counsel of record be limited to 7 hours of total testimony if a licensed physician attests in a declaration that the deponent is either over 70 years of age and his or her health is such that a deposition of more than 7 hours will prejudice the deponents interest in the litigation, or that, without regard to age of the deponent, the deponent suffers from an illness or condition that raises substantial medical doubt of the survival of the deponent beyond 6 months.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2025.295 is added to the Code of Civil Procedure, to read:2025.295. Notwithstanding Section 2025.290, in any civil action for injury or illness based upon exposure to asbestos, 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 if a licensed physician attests in a declaration served on the parties that either: (a) The deponent is over 70 years of age and his or her health is such that a deposition of more than seven hours will prejudice the deponents interest in the litigation.(b) Without regard to the age of the deponent, the deponent suffers from an illness or condition that raises substantial medical doubt of the survival of the deponent beyond six months.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 2025.295 is added to the Code of Civil Procedure, to read:2025.295. Notwithstanding Section 2025.290, in any civil action for injury or illness based upon exposure to asbestos, 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 if a licensed physician attests in a declaration served on the parties that either: (a) The deponent is over 70 years of age and his or her health is such that a deposition of more than seven hours will prejudice the deponents interest in the litigation.(b) Without regard to the age of the deponent, the deponent suffers from an illness or condition that raises substantial medical doubt of the survival of the deponent beyond six months.
SECTION 1. Section 2025.295 is added to the Code of Civil Procedure, to read:
### SECTION 1.
2025.295. Notwithstanding Section 2025.290, in any civil action for injury or illness based upon exposure to asbestos, 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 if a licensed physician attests in a declaration served on the parties that either: (a) The deponent is over 70 years of age and his or her health is such that a deposition of more than seven hours will prejudice the deponents interest in the litigation.(b) Without regard to the age of the deponent, the deponent suffers from an illness or condition that raises substantial medical doubt of the survival of the deponent beyond six months.
2025.295. Notwithstanding Section 2025.290, in any civil action for injury or illness based upon exposure to asbestos, 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 if a licensed physician attests in a declaration served on the parties that either: (a) The deponent is over 70 years of age and his or her health is such that a deposition of more than seven hours will prejudice the deponents interest in the litigation.(b) Without regard to the age of the deponent, the deponent suffers from an illness or condition that raises substantial medical doubt of the survival of the deponent beyond six months.
2025.295. Notwithstanding Section 2025.290, in any civil action for injury or illness based upon exposure to asbestos, 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 if a licensed physician attests in a declaration served on the parties that either: (a) The deponent is over 70 years of age and his or her health is such that a deposition of more than seven hours will prejudice the deponents interest in the litigation.(b) Without regard to the age of the deponent, the deponent suffers from an illness or condition that raises substantial medical doubt of the survival of the deponent beyond six months.
2025.295. Notwithstanding Section 2025.290, in any civil action for injury or illness based upon exposure to asbestos, 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 if a licensed physician attests in a declaration served on the parties that either:
(a) The deponent is over 70 years of age and his or her health is such that a deposition of more than seven hours will prejudice the deponents interest in the litigation.
(b) Without regard to the age of the deponent, the deponent suffers from an illness or condition that raises substantial medical doubt of the survival of the deponent beyond six months.