California appears ready to join the parade in limiting time for depositions. Its legislature has approved a new statute limiting most fact depositions to 7 hours, and complex fact witness depositions (e.g. asbestos cases) to 14 hours, with both time limits subject to adjustment by court order. The statute is here – hat tip to LAW360 for the story and link to the statute. According to its article, the statute was heavily negotiated by all sides, including plaintiffs, defendants, and insurers. The repeat players apparently all want to limit time and expense. The statute still must be signed by Governor Brown.
Key point. Asbestos defendants now face additional challenges in acquiring information needed to prove up the proportionate fault of bankrupt entities or entities such as the Navy. Time will tell how the defendants react.
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