does the seven hour limit on depositions apply to every case? I'm being deposed in an employment defamation suit and I'm wondering if the seven hour limit applies here. From what I've read, it' unclear to me.
No, there are exceptions. As set forth in California Code of Civil Procedure section 2025.290, subdivision (b), the new 7 hour rule promulgated by AB 1875 does not apply to any of the following circumstances:
(1) If the parties have stipulated that this section will not apply to a specific deposition or to the entire proceeding.
(2) To any deposition of a witness designated as an expert pursuant to Sections 2034.210 to 2034.310, inclusive.
(3) To any case designated as complex by the court pursuant to Rule 3.400 of the California Rules of Court, unless a licensed physician attests in a declaration served on the parties that the deponent suffers from an illness or condition that raises substantial medical doubt of survival of the deponent beyond six months, in which case the deposition examination of the witness by all counsel, other than the witness’ counsel of record, shall be limited to two days of no more than seven hours of total testimony each day, or 14 hours of total testimony.
(4) To any case brought by an employee or applicant for employment against an employer for acts or omissions arising out of or relating to the employment relationship.
So it appears your case might qualify under the exception under CCP section 2025.290, subdivision (b)(4).
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.