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Several important changes to the California Code of Civil Procedure went into effect on Jan. 1. These amendments relate to the preparation of corporate witnesses for deposition, the protection of privileged communications, and the collection and production of electronically stored information. Prudent in-house counsel should be aware of these amendments in order to assure legal department best practices and to work effectively with outside counsel.

Deposition Time Limit

A new section of the Code of Civil Procedure, §2025.290, was enacted to limit the deposition of any person to seven hours of total testimony. The time limit includes examination by all counsel, except for the witness’s own counsel. This provision brings California more in line with the Federal Rules of Civil Procedure, which likewise limits depositions to seven hours.

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