Discovery Flashcards
Required disclosures
NONE IN CALIFORNIA
Depositions
Same as in fed court for most part
Differences: CA has no presumptive limit on number of depositions to be taken in a case (fed court it’s no more than 10)
Interrogatories
Same as in fed court basically, only sent to parties.
DIFFERENCES: 35 questions are allowed in CA in unlimited civil cases. Can serve more as well if a declaration is sent for the need of more
Requests to Produce
Similar to fed court.
No limit on how many can be served w/o court permission in a unlimited civil case
CA statute DOES NOT address how to get this info from nonparties. But practically, notice the non party’s deposition and serve him with a subpoena duces tecum
Biz records you can just subpoena w/o taking a deposition
Medical Examination
Same as in fed court, requires court order
DIFFERENCES: D has a right to demand ONE PHYSICAL EXAMINATION in personal injury cases, even w/o a court order
If physical exam, L for the person has right to attend. If mental exam, L can attend only if there is court order allowing it
request for admission
Same as in fed practice
Max of 35, but can draft a declaration for more
Discovery in limited civil cases
Strict limits. Can only get more than allowed with court order
ONE DEPOSITION and COMBINED TOTAL of 35 INTERROGATORIES, REQUESTS TO PRODUCE, and REQUSTES FOR ADMISSION
Supplemental discovery
applies to unlimited cases only
Unlike Fed court, NO DUTY TO SUPPLEMENT DISCOVERY RESPONSES, as long as info was accurate when given (no policing yourself)
Instead, parties propound “supplemental interrogatory” and “supplemental demand for inspections”
parties may propound twice before trial date is set, and once after that
Scope of discovery
Same rules as in Fed apply.
Anything relevant discoverable, if object based on privilege or work product, must object with particularity
Privacy
CA Constitution recognizes a right of privacy, which may limit discovery. Not absolute however.
Court balances the need for info against the need for privacy
Work Product
In cA, work product MUST be generated by the attorney or her agent. (Fed law, can be any representative at all)
Otherwise, all the same. Impressions, conclusions, opinions, research is absolutely protected
Enforcing Discovery Rules
Court may sanction ANYONE (parties or attorneys) who misuse the discovery process
Person sanctioned must be given notice and chance to be heard. Party seeking sanctions must indicate what type of sanction it seeks in its motion.
Sanctions include Monetary sanctions and RAMBO
Protective Orders
Allowed in CA courts same extent as Fed Courts
