CALIFORNIA DISCOVERY

Question 1

In CA state courts are there required disclosures?

Answer 1

No.

Question 2

What must P do to take discovery from D in CA state court? When?

Answer 2

P must get a court order to take discovery from D within 10 days after D was served with process

Question 3

What must P do to take a deposition from D in CA state court? When?

Answer 3

P must get a court order to take a deposition from D within 20 days after D was served with process

Question 4

What is the time limit on a deposition in CA state court?

Answer 4

No presumptive time limit on deposition

Question 5

How many depositions can a party take in CA state court?

Answer 5

there is no presumptive limit on the number of depositions to be taken in the case

Question 6

Who can interrogatories be sent to in CA state court?

Answer 6

can only be sent to parties.

Question 7

What type of interrogators are available in CA state court that are not available in federal court?

Answer 7

form interrogatories approved by the Judicial Council

Question 8

How many form interrogatories can you send?

Answer 8

There is no limit to the number of form interrogatories that can be served on other parties.

Question 9

What is the maximum number of drafted interrogatories allowed in an unlimited civil case? What if the receiving side does not want to answer these interrogatories?

Answer 9

The limit is 35. But, you can serve more with the declaration for the need for more. The receiving party then can seek a protective order

Question 10

Is there a statutory limit on how many inspection demands (like requests to produce) can be served without court permission in an unlimited civil case?

Answer 10

No.

Question 11

In federal court, these can be used to get information from a non-party if accompanied by a subpoena. The basic California statute does NOT address using these to get information from a non-party. But it is possible to get discovery of things from a non-party. How?

Answer 11

You take the non-parties deposition and serve him with a subpoena duces tecum (requires them to bring stuff with them.

Question 12

What if you want to get business records in CA state court, what do you need to do?

Answer 12

For business records, you can just subpoena them without taking a deposition.

Question 13

What do you need to get for a medical examination in CA state court?

Answer 13

A court order

Question 14

In CA, what kind of case can the D demand 1 physical examination of P?

Answer 14

Personal injury.

Question 15

In California, if it is a physical exam, the lawyer for that person has the right to do what?

Answer 15

Attend the examination

Question 16

In California, if it is a mental exam, the lawyer for that person can only attend with what?

Answer 16

A court order allowing it.

Question 17

What is the maximum number of requests for admission that can be served on a party
in an unlimited civil case?

Answer 17

The limit is 35. But, you can serve more with the declaration for the need for more. The receiving party then can seek a protective order

Question 18

How many times can you request the opposing part to admit the genuineness of documents?

Answer 18

there is no limit on the number of requests to admit the genuineness of documents.

Question 19

In CA limited cases How many depositions can a party take?

Answer 19

1

Question 20

In CA limited cases, How many interrogatories, inspection demands, and requests for admission can each party propound to another party?

Answer 20

It is a combined total of 35.

Question 21

In a limited civil case, can the parties ever get additional discovery?

Answer 21

Only with a court order

Question 22

In what type of case can you get unlimited discovery?

Answer 22

in unlimited cases only

Question 23

In CA state court is there a standing duty to supplement discovery response?

Answer 23

No. The responses are fine as long as the information given was accurate and complete when given

Question 24

What can the requesting party do in an unlimited case to get more information on answers made?

Answer 24

the requesting party can propound a “supplemental interrogatory” to elicit later acquired information bearing on answers previously made.

Question 25

What other supplemental demand can a party make in unlimited cases? For what?

Answer 25

she can propound a “supplemental demand for inspection,” which demands inspection of later-acquired or later-discovered documents or things.

Question 26

How many times can a party propound a supplemental interrogatory or supplemental request for production? When?

Answer 26

twice before the trial date is set, and once after.

Question 27

The California Constitution recognizes a right of privacy, which can be claimed to limit what?

Answer 27

discovery

Question 28

is the right of privacy, which can be claimed to limit discovery absolute?

Answer 28

No

Question 29

How does a court determine whether to allow discovery?

Answer 29

It balances the need for information against the need to privacy.

Question 30

In CA state court who must produce work product that is privileged?

Answer 30

It must be generated by the attorney or her agent.

Question 31

How do you get expert witness information in CA?

Answer 31

Any party may request the simultaneous exchange of expert witness information. Then each party must exchange a list of experts to be called at trial, declare the nature and substance of testimony, and the expert’s qualifications.

Question 32

What else can you demand form the expert?

Answer 32

You can also demand reports by the expert.

Question 33

Can you take a deposition of an expert witness?

Answer 33

A party may then take her deposition

Question 34

What if a party does not exchange expert witness information?

Answer 34

If a party does not exchange this information, the court may exclude its expert from testifying.

Question 35

What must parties do before asking for court order in CA?

Answer 35

Parties generally must meet and confer to work out problems before seeking court orders.

Question 36

What if a party refuses to meet and confer to work out problems before seeking court orders.

Answer 36

A party failing to do so is subject to monetary sanction of expenses, including attorney’s fees, incurred by the other party as a result of the failure to meet and confer.

Question 37

By statute, a court may sanction any person – including parties and attorneys – guilty of misusing what?

Answer 37

the discovery process

Question 38

Before sanctioning a person for misusing the discovery process what must the the person sanctioned be given?

Answer 38

person to be sanctioned must be given notice and a chance to be heard.

Question 39

What six sanctions are included for misuse of the discovery process?

Answer 39

Sanctions include:

(1) monetary sanction (expenses and attorney’s fees incurred by other party because of misuse),
(2) establishment order,
(3) refusal to allow party to support its position with evidence at trial,
(4) striking pleadings,
(5) entering default judgment against D or
6) dismissing P’s cause of action.

Question 40

What will the court consider when determining the sanction?

Answer 40

whether the abuse is willful

Question 41

When a party seeks sanctions for discovery abuse, what must it indicate in the motion?

Answer 41

the type of sanction sought.

Question 42

What may a party seek protective order for?

Answer 42

to protect against unwarranted annoyance, embarrassment, oppression, burden or expense.

Question 43

Can a party object that ESI is not reasonably accessible because of undue burden or expense?

Answer 43

Yes and they must identify the categories of sources that are not accessible.