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 deponent's 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, 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 authorize a court to grant an extension beyond 7 hours if the court 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.