recent_developments_logo-new-smallOn May 1, 2012, the California Assembly Judiciary Committee approved AB 1875 which would limit depositions in California state cases to one day of testimony of seven hours (or seven hours of testimony over two or more days if the witness is ill or over 65 years of age). Under the bill, the court would allow additional time if necessary to fairly examine the deponent, and parties could stipulate that the limitations would not apply to a specific deposition or to an entire proceeding.

AB 1875 would adopt the language of the Federal Rules of Civil Procedure which limit depositions to seven hours unless otherwise so stipulated or ordered by a court. Currently, California law allows for depositions of parties and witnesses as part of pre-trial civil discovery, but there is no time limitation on such depositions.

AB 1875 was authored by Assembly Member Mike Gatto (D-Burbank). It passed the Assembly Judiciary Committee by a vote of 7-3 following a hearing. In order for AB 1875 to become law, it must also be passed by both the California Assembly and the California Senate and approved by the Governor.

After the State Assembly Judiciary Committee vote on May 1, the Bill moved on to the State General Assembly where it was PASSED on May 31, 2012 by a margin of 50-24.