Amended IN Senate April 17, 2017 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 amended, 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 well-being, 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. A party would be authorized by this bill to seek up to 7 hours of additional deposition testimony for no more than 14 hours of total testimony. If a court grants an extension, the court would be required to include in its order a factual finding supporting the extension beyond 7 hours, and a statement that the health of the deponent does not appear to be endangered by the grant of additional time.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. (a) 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)(1) 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. well-being.(b)(2) 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.(b) A party may seek up to seven hours of additional deposition testimony for no more than 14 hours of total testimony. If a court grants an extension, the court shall include in its order a factual finding supporting the extension beyond seven hours, and a statement that the health of the deponent does not appear to be endangered by the grant of additional time.(c) This section does not affect the existing right of any party to move for a protective order or the courts 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.
Amended IN Senate April 17, 2017 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 amended, 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 well-being, 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. A party would be authorized by this bill to seek up to 7 hours of additional deposition testimony for no more than 14 hours of total testimony. If a court grants an extension, the court would be required to include in its order a factual finding supporting the extension beyond 7 hours, and a statement that the health of the deponent does not appear to be endangered by the grant of additional time.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate April 17, 2017
Amended IN Senate April 17, 2017
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 amended, 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 well-being, 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. A party would be authorized by this bill to seek up to 7 hours of additional deposition testimony for no more than 14 hours of total testimony. If a court grants an extension, the court would be required to include in its order a factual finding supporting the extension beyond 7 hours, and a statement that the health of the deponent does not appear to be endangered by the grant of additional time.
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 well-being, 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. A party would be authorized by this bill to seek up to 7 hours of additional deposition testimony for no more than 14 hours of total testimony. If a court grants an extension, the court would be required to include in its order a factual finding supporting the extension beyond 7 hours, and a statement that the health of the deponent does not appear to be endangered by the grant of additional time.
## 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. (a) 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)(1) 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. well-being.(b)(2) 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.(b) A party may seek up to seven hours of additional deposition testimony for no more than 14 hours of total testimony. If a court grants an extension, the court shall include in its order a factual finding supporting the extension beyond seven hours, and a statement that the health of the deponent does not appear to be endangered by the grant of additional time.(c) This section does not affect the existing right of any party to move for a protective order or the courts 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.
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. (a) 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)(1) 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. well-being.(b)(2) 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.(b) A party may seek up to seven hours of additional deposition testimony for no more than 14 hours of total testimony. If a court grants an extension, the court shall include in its order a factual finding supporting the extension beyond seven hours, and a statement that the health of the deponent does not appear to be endangered by the grant of additional time.(c) This section does not affect the existing right of any party to move for a protective order or the courts 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.
SECTION 1. Section 2025.295 is added to the Code of Civil Procedure, to read:
### SECTION 1.
2025.295. (a) 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)(1) 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. well-being.(b)(2) 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.(b) A party may seek up to seven hours of additional deposition testimony for no more than 14 hours of total testimony. If a court grants an extension, the court shall include in its order a factual finding supporting the extension beyond seven hours, and a statement that the health of the deponent does not appear to be endangered by the grant of additional time.(c) This section does not affect the existing right of any party to move for a protective order or the courts 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.
2025.295. (a) 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)(1) 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. well-being.(b)(2) 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.(b) A party may seek up to seven hours of additional deposition testimony for no more than 14 hours of total testimony. If a court grants an extension, the court shall include in its order a factual finding supporting the extension beyond seven hours, and a statement that the health of the deponent does not appear to be endangered by the grant of additional time.(c) This section does not affect the existing right of any party to move for a protective order or the courts 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.
2025.295. (a) 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)(1) 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. well-being.(b)(2) 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.(b) A party may seek up to seven hours of additional deposition testimony for no more than 14 hours of total testimony. If a court grants an extension, the court shall include in its order a factual finding supporting the extension beyond seven hours, and a statement that the health of the deponent does not appear to be endangered by the grant of additional time.(c) This section does not affect the existing right of any party to move for a protective order or the courts 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.
2025.295. (a) 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)
(1) 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. well-being.
(b)
(2) 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.
(b) A party may seek up to seven hours of additional deposition testimony for no more than 14 hours of total testimony. If a court grants an extension, the court shall include in its order a factual finding supporting the extension beyond seven hours, and a statement that the health of the deponent does not appear to be endangered by the grant of additional time.
(c) This section does not affect the existing right of any party to move for a protective order or the courts 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.