CA Discovery Flashcards
What is the Scope of Discovery (RANP)
Broad scope: A matter is discoverable as long as it is
1) RELAVANT to the subject matter of the action
2) ADMISSIBLE or REASONABLY calculated to lead to the discovery of admissible evidence; and
3) NOT subject to a PRIVILEGED or other protection from discovery
What is the DISCOVERY RELEVANCE STANDAR
Ass Prepping Set
Relevance Standard: A matter is relevant if it might aid a party in: 1. Assessing the case 2. Preparing it for trial, or 3. Facilitating a SETTLEMENT
Relevant discovery DOES NOT MEAN Admissible Evidence
Self-Executing
Self-Executing: Parties engage in discovery using properly propounded discovery requests with minimal supervision by court.
Discover in CA does not require parties to
to make any automatic disclosures!!! (unlike federal court)
Special ROG LIMIT CCP 2030.030 are ___
unless_________.
35 (unless has declaration of necessity or parties stipulate)
Special ROG–propounded on whom?
How?
Party only – Written Questions
Special ROG–Time to Respond is ___
The response is___________
The party must___________
The attorney must______________
30 days –substantive response– MUST BE VERIFIED BY PARTY. Objections signed by attorney.
The number Requests for Production is__________
Unlimited
Requests for production are propounded on ….?
With a_____________________?
Party or Non-Party (via subpoena or other statutory authority) Written Demand
What is a Response to a Request for Production?
When is response due?
Party must______________
Attorney must_______________
An agreement to produce
RFP response is due w/in 30 days notice
Party must verify.
Attorney must sign objections
What is a Request for Adminssions?
Requests for Admissions –RFA or Special RFA Allows propounding party to get written responses from another party admitting or denying truth of facts and other matters as well as to the genuineness of documents.
RFA–“Deemed Admitted” Motion”
Propounding party can file a motion to deem the genuineness of documents and/or truth of matters contained in the RFA admitted.
An untimely response waives all objections. an untimely response waives all objections.
A party must submit a Response to Admissions regarding?
Party is allowed #____________?
35 Special RFAs; Unlimited RFAs re-genuineness of docs
Requests for Admissions are Propounded on Whom and how?
Party only– Written Questions.
Time to Respond to a Request for Admissions is______ with a _____________
Party must?
Attorney must?
30 days –substantive response must be verified by party. Objections signed by attorney.
What is the limit on depositions?
No limit on number; a depo is limited to 7 hours of total testimony. Only one depo of a person.
Depos are Propounded on…
How?
Party or non-party (Via subpoena power) I
How does a party serve a deposition?
Notice must be served at least 10 days before depo.
Where can a witness be deposed and when is it waived?
A deposition must happen within 75 miles of the deponent’s residence (150 miles if it takes place in the county where the action is pending).
But unless you serve a timely objection to the Notice of Deposition, you waive any objection to its location. It is up to the party being deposed to seek protection of the court if the notice requires the party or witness to travel further than the 75 or 150 mile limit. A witness may also request a witness fee which is a nominal amount.
When is a depo waived?
Unless you serve a timely objection to the Notice of Deposition, you waive any objection to its location. It is up to the party being deposed to seek protection of the court if the notice requires the party or witness to travel further than the 75 or 150 mile limit. A witness may also request a witness fee which is a nominal amount.
What is required for a Physical/Mental exam
One physical exam is allowed w/o court order if “in controversy” by licensed doctor.
Mental exam a court order is requierd.
Physical/Mental exam is propounded by whom?
Party or party affiliate.
Time to respond Physical/Mental exam is
Response to physical exam demand is within 20 days.
How does a party demand Expert Witness during discovery?
1) Parties must submit a written demand for exchange of expert witnesses.
2) Demand for Expert Witnesses obligates all parties to make exchange 50 days before initial trial or 20 days after service of demand.
Expert Witness Discovery Demand Submission must include QST=Quick STop
Submit Expert Witness’s= Quick STop 1)Qualifications and relatedness, 2) Suspected testimony, 3) Testimony that expert is familiar with the case.
Judicial oversight
Parties expected to work together to exchange information necessary to narrow issues. Often need court’s intervention to resolve disputes. Before any Court Order or Motion for Sanctions must MEET AND CONFER with the other party. 1. Motion to Compel Discovery Reponses 2. Motion for Protective Order 3. Motion to Compel Compliance with Court Order 4. Motion for Sanction.
Meet and Confer
MUST Meet and Confer with other party before any discovery motions.
Limitations on Discovery
CA law recognizes privileges that, if applicable, limit the scope of discovery. Types of Privileges include: 1) Absolute such as attorney-client privilege 2) Qualified privileges such as trade secrets or police files ONLY permitted in the interest of justice
Discovery Cut-Off Rule for Timing
Discovery must be complete 30 days before the initial trial date. However court set a new cut-off date is necessary.
Raising Privilege Objection
A party may object to discovery, claiming privilege forcing the proponent to file a Motion to Compel further responses. OR responding party can file a Motion or Protective Order.
Privilege Log
Party objecting to Discovery on the Grounds of privilege must file a “privilege log” setting out the basic info on items and the grounds on which they are asserting privilege.
Privilege Waiver I C U (eye see you)
Privilege may be waived by HOLDER either 1) intentionally by disclosing OR 2) consenting OR 3) unintentionally through failure to claim. (Does not apply in Crime or Fraud claims)
Work Product Privilege
Attorney’s thoughts, mental impressions, conc, opinions + legal theories. 1) Absolute protection. To seek qualified work product (by non-attny/expert), must show unfair prejudice or injustice. 2.) Right to Privacy: Other Party may assert right to privacy, balanced against need for discovery.
Qualified Privilege/ Privacy Right
Qualified: discuss only if interests in justice in permitting discovery outweigh the interests in preventing disclosure. Privacy Right: INALIENABLE right of privacy. Ct evaluates whether privacy protection: (1) possesses a LEGITIMATE privacy interest; (2) possesses a REASONABLE expectation of privacy under part circumstances; and (3) SUFFERED serious invasion of privacy. If 3 met, ct balances need for information against privacy interest.
Limited Civil Cases
Limited Civil Cases: same but limited – only one oral or written depo. Each party gets combined total of 35 Int., RFA’s, RFP
Form of Production OF DISCOVERY
Propounding party may identify form for production. IF not specified, may be in ORDINARILY MAINTAINED FORM.
Motion for Protective Order
Motion for Protective Order: Responding party may object/move for protective order IF information is from a source that is NOT REASONABLY ACCESSIBLE because of UNDUE BURDEN or expense. Court has discretion to order propounding party to 1) BEAR EXPENSE of production or translation of compilations. Also apply to civil subpoenas for ESI.
ESI EXPENSE
I: Expense of providing ESI is usually BORNE BY RESPONDING PARTY, the court has discretion to SHIFT the cost to the propounding party.
Sanctions: safe harbor against imposition for failure to provide ESI that has been lost, damaged or destroyed due to the routing, good faith operation of an electronic information system.
:Sanctions: safe harbor against imposition for failure to provide ESI that has been 1) lost, 2) damaged or 3) destroyed due to the routing, GOOD FAITH operation of an electronic information system.
Inadvertent Disclosure of Privilege/Protected ESI
Inadvertent Disclosure of Priv/Prot ESI: Must notify receiving party, who in turn must set aside the information. Receiving party must return the ESI or present to court for determination of the claim of priv/prot. IF receiving party has already disclosed before receiving notice, they must take reasonable steps to retrieve.
When must parties demand for Expert Witnesses occur?
Demand for Expert Witnesses obligates all parties to make exchange 50 days before initial trial or 20 days after service of demand.
