Scope of discovery; deposing certain corporate officers. (SB590)

Introduced By

Sen. Jill Holtzman Vogel (R-Winchester)

Description

Scope of discovery; deposing certain corporate officers. Provides that parties to a civil action may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter and proportional to the needs of the case. The bill states that a determination of whether discovery is unduly burdensome or expensive shall include consideration of whether the burden or expense of the proposed discovery outweighs its likely benefits. The bill further provides that when an officer, as defined in the bill, who is called as a deposition witness files a motion for a protective order because the discovery sought by the deposition is obtainable from some other source that is more convenient, less burdensome, or less expensive, the burden shall be on the party seeking the deposition to defeat such a motion by showing that (i) there is a reasonable indication that the officer's deposition is calculated to lead to the discovery of admissible evidence, (ii) the officer has unique or superior personal knowledge of discoverable information that cannot be discovered through means other than a deposition, and (iii) deposition of a representative other than the officer or other methods of discovery are unsatisfactory, insufficient, or inadequate. Read the Bill »

Status

01/17/2018: Failed to Pass in Committee

History