HP Preserves The Right To A Fair Deposition

Posted on Wednesday, 08 January 2014

Plaintiff filed an asbestos-related personal injury complaint naming 70 defendants and sought trial preference based on a doctor’s declaration that he had a limited life expectancy. His attorney noticed the plaintiff’s deposition and conducted a direct examination lasting 14 hours over several days. After defendants conducted 14 hours of discovery deposition, plaintiff’s counsel suspended the deposition contending that Code of Civil Procedure § 2025.290 limited the deposition of a witness to 14 hours of total testimony.

 

After the Los Angeles Superior Court declined to intervene, citing a lack of discretion to grant more time, HP filed a writ seeking relief from the Court of Appeals. The appellate court granted HP’s Petition of Writ of Mandate and ordered the LASC to exercise its discretion to grant more time in light of "the need of defendants for further examination of plaintiff."

 

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