Today's Law As Amended

PDF |Add To My Favorites | print page

SB-632 Civil discovery: depositions.(2017-2018)

As Amends the Law Today


 Section 2025.295 is added to the Code of Civil Procedure, to read:

 (a) Notwithstanding Section 2025.290, in any civil action for injury or illness that results in mesothelioma, 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 the deponent suffers from mesothelioma, raising substantial medical doubt of the survival of the deponent beyond six months.
(b) Notwithstanding subdivision (a), upon request by a party, a court may, in its discretion, grant an additional seven hours of deposition testimony for no more than 14 hours of total testimony. The court may grant an extension if it finds that an extension 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.
(c) This section does not 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.