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 or silicosis, a deposition examination of the plaintiff by counsel other than the plaintiff's 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 or silicosis, raising substantial medical doubt of the survival of the deponent beyond 6 months. A party would be authorized by this bill to seek an order permitting up to (1) an additional 3 hours of deposition testimony if more than 10 defendants appear at the deposition, and an additional 7 hours of deposition testimony if more than 20 defendants appear at the deposition. A court would be authorized to grant the additional time only upon a finding that the extension is in the interest of fairness, and a determination that the health of the deponent does not appear to be endangered by the grant of additional time.