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Length Of Deposition.

February 27, 2014 by Leave a Comment

DepositionCode of Civil Procedure section 2025.290, subdivision (a),  limits the deposition of a witness to “seven hours of total testimony,” but the first sentence of that subdivision says:  “The court shall allow additional time, beyond any limits imposed by this section, if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.” Subdivision (b) provides certain exceptions to the seven-hour limitation: (1) stipulation; (2) expert witnesses; (3) complex cases; (4) employee suing employer; (5) PMK deponents; and, (6) new parties to the action after deposition already taken. The Court of Appeal held:  “We conclude that [the first sentence of subdivision (a)] requiring additional time applies not only to the seven-hour limit imposed by subdivision (a) but also the 14-hour limit imposed by subdivision (b)(3).  The trial court, however, retains the discretion to limit a deposition in the interests of justice.”  (Certainteed Corporation v. Sup. Ct. (William Hart) (Cal. App. Second Dist., Div. 3; January 8, 2014) 222 Cal.App.4th 1053, [166 Cal.Rptr.3d 539].)

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