Discovery

Question 1

Scope of Discovery in Federal Court

Answer 1

All non-privileged info that is

1) relevant to any party’s claim/defense and
2) proportional to the needs of the case

Discoverable info doesn’t need to be admissible in evidence

Question 2

Scope of Discovery in CA Courts

Answer 2

All non-privileged info that is relevant to the subject matter invovled in the pending action (broader than federal standard)

Question 3

Compelled Physical & Mental Examinations in CA Court

Answer 3

Personal Injury Case: Any D may demand one physicial exam of the plaintiff as a matter of right if

1) exam isn’t painful or intrusive and
2) exam is within 75 miles o P’s residentce

Non Personal Injury Case: Party must make motion to compel to perform exam. Must be made in GF & show party’s health to be in controversy

Question 4

Compelled Physical & Mental Examinations in Fed Court

Answer 4

Party may be ordered to submit to a physical/mental exam only if

1) motion is made on notice to all parties,
2) mental/physical condition is in controversy and
3) good cause is shown

Order must specify time, place, manner conditions, scope, and who will be performing it