Bill Monning
- Democratic
Author
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.
Ordered to inactive file on request of Assembly Member Calderon.
Ordered to third reading.
Read third time and amended.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 8. Noes 1.) (June 20).
June 13 set for first hearing canceled at the request of author.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 29. Noes 9. Page 989.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 1. Page 945.) (May 2).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing May 2.
From printer. May be acted upon on or after March 23.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB632 | HTML |
| 02/17/17 - Introduced | |
| 04/17/17 - Amended Senate | |
| 06/22/17 - Amended Assembly | |
| 07/10/17 - Amended Assembly | |
| 09/05/17 - Amended Assembly |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.