Want to Learn About Depositions in California Divorce and Family Law?
CALIFORNIA CODE OF CIVIL PROCEDURE
ORAL DEPOSITION INSIDE CALIFORNIA
CCP Section 2025.290
(a) Except as provided in subdivision (b), or by any court order, including
a case management order, a deposition examination of the witness by all
counsel, other than the witness' counsel of record, shall be limited
to seven hours of total testimony. 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.
(b) This section shall not apply under 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
(5) To any deposition of a person who is designated as the most qualified
person to be deposed under Section 2025.230.
(6) To any party who appeared in the action after the deposition has concluded,
in which case the new party may notice another deposition subject to the
requirements of this section.
(c) It is the intent of the Legislature that any exclusions made by this
section shall not be construed to create any presumption or any substantive
change to existing law relating to the appropriate time limit for depositions
falling within the exclusion. Nothing in this section shall be construed
to affect the existing right of any party to move for a protective order
or the court's discretion to make any order that justice requires
to limit a deposition in order to protect any party, deponent, or other
natural person or organization from unwarranted annoyance, embarrassment,
oppression, undue burden, or expense.