SB 632: 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 that results in mesothelioma, 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 suffers from mesothelioma and is either (1) over 70 years of age and his or her health is such that a deposition of more than 7 hours will prejudice the deponents well-being, or (2) without regard to age of the deponent, the deponents mesothelioma raises mesothelioma, raising 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. The bill would prohibit authorize a court to grant an extension from being granted unless a beyond 7 hours if the court makes a factual finding supporting the finds that an extension beyond 7 hours, is in the interest of fairness, and determines that the health of the deponent does not appear to be endangered by the grant of additional time.