Discovery

Question 1

What is the Scope of discovery in Federal court?

Answer 1

In federal court, the scope of discovery extends to any non-privileged matter that is relevant to a claim or defense (i.e., reasonably calculated to lead to the discovery of admissible evidence).

Question 2

In California, what is the Scope of discovery?

Answer 2

In California, the scope of discovery extends to information that is relevant to the subject matter involved in the pending action, which is broader than the federal scope.

Question 3

How may a party obtain discovery from a Non-Party?

Answer 3

A party may obtain discovery from a non-party by issuing a subpoena duces tecum.

Question 4

What is the Federal Work-Product exception?

Answer 4

In federal court, work product is discoverable only upon a showing of substantial need and to avoid undue hardship. The court must also take steps to avoid the disclosure of an attorney’s mental impressions, opinions and conclusions.

Question 5

In California, what is the work-product exception?

Answer 5

In California, there is an absolute privilege as to writings reflecting an attorney’s impressions, conclusions opinions or legal research. Qualified work product is not discoverable unless a denial of discovery will unfairly prejudice a party in preparing their claim or defense, or will result in an injustice.

Question 6

When can a mental or physical examination of a party be compelled?

Answer 6

Authority to compel independent examination by a psychologist (i.e., by opposing-party’s doctor) is limited to instances wherein the party’s physical or mental condition is in controversy. Such an examination may be compelled only by court order on a showing of good cause. The party seeking to avoid the examination can file for a protective order to limit nature or scope, or to terminate altogether, with a showing of unwarranted annoyance, embarrassment, oppression, or undue burden/expense.

Question 7

Recite the Federal Scope of Discovery Rule.

Answer 7

Discovery
Federal: Any non-privileged matter that is relevant to a claim or defense (i.e., reasonably calculated to lead to discovery of admissible evidence)

Question 8

Recite the California Scope of Discovery Rule.

Answer 8

Discovery

California: Any information that is relevant to the subject matter involved in the pending action (broader)