Discovery

Question 1

Initial Disclosures

Answer 1

FED: Mandatory anything that could be used by party to support claim/defense
CA: Only if agreement and applies to material that is relevant to the subject matter of litigation (broader)

Question 2

Scope of Discovery

Answer 2

Fed: Anything relevant to claim or defense
CA (broader): Relevant to subject matter of pending action

Question 3

Duty to Supplement

Answer 3

FED: Duty to supplement with information discovered that changes or contradicts discovery responses
CA: No duty to supplement unless opposition requests

Question 4

Limitations on Depositions

Answer 4

FED: No more than 10
CA: No limits by default and opposition must move for protective order to limit

Question 5

Limitations on Interrogatories

Answer 5

FED: 25 absent court order or stipulation
CA: 35 absent court order

Question 6

L Presence at Medical Exams

Answer 6

FED: L not allowed to attend
CA: L can attend physical exam but not psychiatric exam

Question 7

Limits on Request for Admisison

Answer 7

FED: None
CA: Limit to 35 Requests

Question 8

Work Product Distinction

Answer 8

FED: anything prepared in anticipation of litigation even if not by lawyer
CA: Must be attorney or attorney’s agent’s work product

Question 9

Rule 26(f) Conference Distinction

Answer 9

Unlike FED, no requirement that parties submit a specific plan for discovery