CA Discovery

Question 1

What is the Scope of Discovery (RANP)

Answer 1

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

Question 2

What is the DISCOVERY RELEVANCE STANDAR

Ass Prepping Set

Answer 2

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

Question 3

Self-Executing

Answer 3

Self-Executing: Parties engage in discovery using properly propounded discovery requests with minimal supervision by court.

Question 4

Discover in CA does not require parties to

Answer 4

to make any automatic disclosures!!! (unlike federal court)

Question 5

Special ROG LIMIT CCP 2030.030 are ___

unless_________.

Answer 5

35 (unless has declaration of necessity or parties stipulate)

Question 6

Special ROG–propounded on whom?

How?

Answer 6

Party only – Written Questions

Question 7

Special ROG–Time to Respond is ___

The response is___________

The party must___________

The attorney must______________

Answer 7

30 days –substantive response– MUST BE VERIFIED BY PARTY. Objections signed by attorney.

Question 8

The number Requests for Production is__________

Answer 8

Unlimited

Question 9

Requests for production are propounded on ….?

With a_____________________?

Answer 9

Party or Non-Party (via subpoena or other statutory authority) Written Demand

Question 10

What is a Response to a Request for Production?

When is response due?

Party must______________

Attorney must_______________

Answer 10

An agreement to produce

RFP response is due w/in 30 days notice

Party must verify.

Attorney must sign objections

Question 11

What is a Request for Adminssions?

Answer 11

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.

Question 12

RFA–“Deemed Admitted” Motion”

Answer 12

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.

Question 13

A party must submit a Response to Admissions regarding?

Party is allowed #____________?

Answer 13

35 Special RFAs; Unlimited RFAs re-genuineness of docs

Question 14

Requests for Admissions are Propounded on Whom and how?

Answer 14

Party only– Written Questions.

Question 15

Time to Respond to a Request for Admissions is______ with a _____________

Party must?

Attorney must?

Answer 15

30 days –substantive response must be verified by party. Objections signed by attorney.

Question 16

What is the limit on depositions?

Answer 16

No limit on number; a depo is limited to 7 hours of total testimony. Only one depo of a person.

Question 17

Depos are Propounded on…

How?

Answer 17

Party or non-party (Via subpoena power) I

Question 18

How does a party serve a deposition?

Answer 18

Notice must be served at least 10 days before depo.

Question 19

Where can a witness be deposed and when is it waived?

Answer 19

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.

Question 20

When is a depo waived?

Answer 20

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.

Question 21

What is required for a Physical/Mental exam

Answer 21

One physical exam is allowed w/o court order if “in controversy” by licensed doctor.

Mental exam a court order is requierd.

Question 22

Physical/Mental exam is propounded by whom?

Answer 22

Party or party affiliate.

Question 23

Time to respond Physical/Mental exam is

Answer 23

Response to physical exam demand is within 20 days.

Question 24

How does a party demand Expert Witness during discovery?

Answer 24

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.

Question 25

Expert Witness Discovery Demand Submission must include QST=Quick STop

Answer 25

Submit Expert Witness’s= Quick STop 1)Qualifications and relatedness, 2) Suspected testimony, 3) Testimony that expert is familiar with the case.

Question 26

Judicial oversight

Answer 26

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.

Question 27

Meet and Confer

Answer 27

MUST Meet and Confer with other party before any discovery motions.

Question 28

Limitations on Discovery

Answer 28

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

Question 29

Discovery Cut-Off Rule for Timing

Answer 29

Discovery must be complete 30 days before the initial trial date. However court set a new cut-off date is necessary.

Question 30

Raising Privilege Objection

Answer 30

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.

Question 31

Privilege Log

Answer 31

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.

Question 32

Privilege Waiver I C U (eye see you)

Answer 32

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)

Question 33

Work Product Privilege

Answer 33

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.

Question 34

Qualified Privilege/ Privacy Right

Answer 34

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.

Question 35

Limited Civil Cases

Answer 35

Limited Civil Cases: same but limited – only one oral or written depo. Each party gets combined total of 35 Int., RFA’s, RFP

Question 36

Form of Production OF DISCOVERY

Answer 36

Propounding party may identify form for production. IF not specified, may be in ORDINARILY MAINTAINED FORM.

Question 37

Motion for Protective Order

Answer 37

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.

Question 38

ESI EXPENSE

Answer 38

I: Expense of providing ESI is usually BORNE BY RESPONDING PARTY, the court has discretion to SHIFT the cost to the propounding party.

Question 39

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.

Answer 39

: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.

Question 40

Inadvertent Disclosure of Privilege/Protected ESI

Answer 40

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.

Question 41

When must parties demand for Expert Witnesses occur?

Answer 41

Demand for Expert Witnesses obligates all parties to make exchange 50 days before initial trial or 20 days after service of demand.