Civ Pro - Ca - Discovery*

Front 1

CA -- Discovery Tools

BIG LIST

Back 1

1) Depositions
2) Interrogatories
3) Requests to Produce
4) Medical Examination
5) Request for Admission
6) Discovery -- limited/unlimited cases DIFFERENT
7) Supplemental Discovery (unlimited cases ONLY)

Front 2

CA -- Discovery Tools

Depositions

Back 2

SAME as Fed:
-party/no party (subpoena, incl. duces tecum
-can only depose party once, unless court orders otherwise

DIFF from Fed:

-no time limit on depos
-no limit on number of depos in a case

Front 3

CA -- Discovery Tools

Interrogatories

Back 3

SAME as Fed:
-parties only

DIFF from Fed:
-35 limit unless declaration supporting need for more

Front 4

CA -- Discovery Tools

Requests to Produce

Back 4

SAME as Fed:
-party/no party (TAKE DEPO, serve subpoena duces tecum unless business records)
-docs, ESI
-no limits

Front 5

CA -- Discovery Tools

Medical Examinations (Physical and Mental)

Back 5

Same as Fed: -party or person under party's control: need court order

DIFF from Fed:
-can demand them in PI cases
-mental exams (attorneys can attend w/ court order)

Front 6

CA -- Discovery Tools

Requests for Admission

Back 6

Same as Fed: -
another party -
failure to respond = admission

DIFF from Fed:
-35 unless declaration supporting need for more

Front 7

CA -- Discovery Tools

Limited Civil Cases (Limits)

Back 7

Depos - 1

Rogs, RFPs, RFAs - 35

Additional discovery IF court order

Front 8

CA -- Discovery Tools

Supplemental Discovery (UNLIMITED CASES ONLY)

Back 8

Unlike Fed, no duty to supplement

Propounding party can propound "supplemental" request to update any previous responses
-limits: twice before trial date set, once after trial date set and before trial

Front 9

CA -- Discovery

Scope

Back 9

Diff from Fed -- anything relevant to subject matter involved

Front 10

CA -- Discovery

Relevance

Back 10

Reasonably calculated to lead to the discovery of admissible evidence

Front 11

CA -- Discovery

Privacy

Back 11

CA Const recognizes right to privacy that can prevent discovery

BALANCING test: need for info v. need for privacy

Front 12

CA -- Discovery

Work Product

Back 12

"Trial prep materials"

Prepared in anticipation of lit

-->generally UNDISCOVERABLE (protected) UNLESS 1) substantial need; 2) not otherwise available


Includes: 1) work authorized by an attorney or 2) attorney or attorney's agent only (DIFFERENT from State)

Must claim privilege or work-product in order to avoid discovery

Front 13

CA -- Discovery
Experts

Back 13

Different from Fed: parties can demand simultaneous exchange of expert witness (not consultant) information

Front 14

CA -- Enforcement of Discovery Rules

Back 14

Protective Order -- responding party seeks protective order

Partial Violation -- responding party answers some discovery requests, but not others (LIGHT SANCTIONS, ORDER COMPELLING REPONSE ... which can lead to heavy sanctions if violated)

Total Violation -- failure to respond at all (HEAVY sanctions)


***Party requesting sanctions should inform court that it made a good faith effort to obtain responses w/out court involvement***

Front 15

CA Baseline Discovery Requirement

Back 15

Plaintiff must get court order to get discovery from Defendant within:

10 days after service of process

20 to take Defendant's Deposition