Charts for the Everyday Litigator Katherine L. Gallo

Transcription

1 Califnia Civil Discovery Charts f the Everyday Litigat Katherine L. Gallo

2 I. DEPOSITIONS Type Commences Closes Time Limit Requirements MT/Conf. Op.Part. Remedies DEPOSITIONS ( ) ( ) A. DISCOVERY 1. Parties a. Testimony Only ( ) b. Testimony and Documents ( ) summons summons 30 days befe 30 days befe ( (a) 10-day notice ( (a)) 10-day notice ( (a)) 1 depo per deponent ( (a)) 75 miles from residence within county in which action is pending and within 150 miles of residence ( (a)) Notice to state: nature of deposition date, time, place deponent s rights and duties; and penalties f disobedience subpoena, witness fee and mileage on befe deposition ( (a)(1) (6)) Documents described with reasonable particularity ( (a)(4)) Written objection due within 3 calendar days ( (a)) Motion f ( (c)) Written objection due within 3 calendar days ( (a)) Motion f ( (c)) Sanctions 2

3 2. Nonparty Witnesses a. Testimony Only ( ) b. Business Recds only ( ) summons summons 30 days befe 30 days befe 10-day notice ( (a)) 15-day after service 20 days after issuance. ( (c)) Personal service ( (b),(c)) Notice to state: date, time, place ( (a)) nature of deposition ( (b)(1)) deponent s rights and duties ( (b)(2)) and penalties f disobedience ( (b)(3)) subpoena, witness fee and mileage on befe deposition ( (b)(3)) to recd audio video ( (c), (d) Personal service ( (b)) Documents described with reasonable particularity ( (a)) Motion f Motion f Contempt ( ) Contempt ( ) 3

4 c. Recds and Testimony ( ) d. Recds of Consumers ( ) summons summons 30 days befe 30 days befe 10-day notice unless consumer recds involved ( (a)(1) & (c)) 5-day notice to consumer and 15-days after service 20 days after issuance ( (b), (c) & (e), (c)) Personal service ( (b)) Comply with ( (a)(1)) Designate business recds with reasonable particularity ( (a)(2)) Specify any sampling testing ( (a)(3)) Personal service ( (b)) Notice of Privacy Rights Service at least 10 days befe the date set f production and at least 5 days befe service on the custodian of recds ( (c)) Motion f Subpoenaing party s failure to comply with is grounds not to comply with subpoena. ( (k)) Motion f ( , ) Contempt ( ) Contempt ( ) 4

5 3. Entity summons 30 days befe 10-day notice unless consumer recds involved ( (a)(1) & (c), ) Personal service if entity not a party ( (b)) Notice shall describe with reasonable particularity the matters on which examination is requested. ( (e) & ) Notice shall advise the ganization of its duty to designate and produce most qualified Person ( (e), ) Written objection due within 3 calendar days ( (a)) Motion f ( , ) 4. Expert a. Retained ( ) 10-day notice unless consumer recds involved ( (a)(1) & (c), ) Retaining party to bring expert f deposition within 75 miles of court house where the action is pending ( ) Deposing party must tender expert fee pri to deposition ( , ) Need subpoena f documents ( citing (b)) Special notice if expert video to be used at trial in lieu of live testimony ( (d)) Written objection due within 3 calendar days ( (a)) Motion f 5

6 b. Independent ( ) 10-day notice unless consumer recds involved ( (a)(1) & (c)) Personal Service Witness fee and mileage ( ) May have to be paid expert fees ( ) Special notice if expert video to be used at trial in lieu of live testimony ( (d)) Subpoenaing party s failure to comply with is grounds not to comply with subpoena. ( (k)) B. MOTIONS 1. Deposition without Documents a. ( , ) b. ( , (c)) Promptly ( ) Good Unwarranted, annoyance, embarrassment, oppression undue burden and expense ( (b)) No personal service required ( (c)(3)) Service problems/technical defects No personal service required ( (c)(3)) ( (a)) ( (c)) Motion f ( (d)) ( (c)) ( ) ( (d)) c. Compel Answers ( ) 60 days after completion of recd of deposition ( (b)) Notice to all parties and deponent ( (c)) Transcript lodged with court 5 days befe hearing ( (d)) Separate statement of questions in dispute (CRC ) No personal service ( (b)) ( (f)) ( 639(e)) 6

7 d. Compel Appearance ( ) 2. Deposition with Documents a. Compel Documents 3. Nonparty Depositions a. Subpoena ( (g), ) b. ( , ) c. Compel Compliance ( ) 4. Expert Retained 10 days befe ( ) Independent ( ) None Anytime befe depo date required ( (c)(3)) Failed to appear Good ( (b)(1)) Good f document production hearing ( (d)) ( (b)(2)) ( (b)(1)) Awarded in fav of any party attending ( , , (c)(2)) Awarded in fav of any party attending ( , , (c)(2)) No good required No ( ) Promptly No good required No ( (c)) No good required Contempt ( ) ( ) Motion requirements are same as f party deposition motions Motion requirements are same as f non-party deponents with counsel who retained expert. Sanctions are same as f motions against a party. No Sanctions are same as f motions against non-party. 7

8 II. INTERROGATORIES Type Commences Closes Time Limit Requirements MT/Conf. Op.Part.Rem. Sanctions INTERROGATORIES ( ) A. Discovery 1. Official Fm ( (a)(2)) 2. Specially Prepared ( (b)) Plaintiff: 10 days after service.. ( (b)) Ct. may grant plaintiff leave to propound at an earlier time upon showing of good ( (c)) Plaintiff: 10 days after service.. ( (b)) 30 days befe 30 days befe 3. Supplemental 30 days befe 30-day notice ( (a)) 30-day notice ( (a)) On any party ( (a)) Written objections ( (a)(3)) On any party ( (a)) Me than 35 interrogaties with declaration 1. Complexity quantity of issues 2 Depos expensive 3. Expedience of discovery method ( ) On any party ( (b)) Twice pri to initial trial setting conference and once after. ( (a)) Written objections ( (a)(3)) Motion f ( ) Written objections ( (a)(3)) Motion f ( ) 8

9 B. Motions 1. ( , ) Promptly ( (a)) Good ( (b)) ( (e)) ( (c)) ( (d)) 2. Compel Answers ( (b)) None No response ( (b)) No Relief from waiver ( (a)) ( (c)) 3. Compel Further Answers ( ) 45 days after response supplemental response ( (c)) Statement of disputed interrogaties and responses (CRC ) ( (b)) ( (d)) III. INSPECTION DEMAND Type Commences Closes Time Limit Requirements MT/Conf. Op.Part.Rem. Sanctions INSPECTION DEMAND ( ) A. Discovery 1. Demands ( ) B. Motions 1. ( , ) 2. Compel Answers ( (b)) 3. Compel Further Answers ( ) Plaintiff: 10 days summons ( (a)) Ct. may grant plaintiff leave to propound at an earlier time upon ( (c)) 30 days befe 30 days ( (c)(2)) Promptly ( (a)) None 45 days after response supplemental response ( (c)) On any party ( (a)) No limit on number Time and place f inspection Description by categy with reasonable particularity ( (c)) Good ( (b)) No response ( (b)) Good showing ( (a)) Statement of disputed requests and responses (CRC ) ( (a)) Written objections ( (3), ) ( (d)) No ( (a)) Relief from waiver ( (a)) ( (c)) ( (d)) 9

10 4. Compel Compliance ( (a)) None No ( (b), & (c)) IV. PHYSICAL/MENTAL EXAM Type Commences Closes Time Limit Requirements MT/Conf. Op.Part.Rem. Sanctions PHYSICAL/MENTAL EXAM ( ) A. Discovery 1. Physical Exam ( ) 2. Mental Exam ( )) After defendant has been served appeared ( (b)) After defendant has been served appeared ( (b)) 30 days befe 30 days befe ( (a) 30-day notice ( (d)) 20-day response ( (b)) 30-day notice ( (d)) 20-day response ( (b)) No painful protracted intrusive test ( (a)(1)) Within 75 miles of residence ( (a)(2)) Licensed physician other appropriate licensed health care practitioner ( (b)) Specification of scope and tests ( (c)) Rept due within 30 days after demand within 15 days of trial, whichever is earlier ( ) Court der ( (a)) Specification of scope and tests ( (b)) Good ( (a)) Physician clinical psychologist ( (c)) No observers ( (b)) May audiotape ( (a)) ( (c)) Response in 20 days ( ) Relief from waiver ( (a)) Plaintiff stipulation 1. no claim f unusual mental and emotional distress. 2. No expert testimony regarding the usual mental and emotional distress ( (c)) 10

11 B. Motions Compel Response ( (b)) 3. Unsatisfacty Response, Compel Attendance ( ) 4. Enfcing Delivery of Rept ( ) promptly No authity under 2032; Maybe None No response ( (b)) ( (b)) None Response ( (a)) ( (a)) None Demand copy of rept ( ) ( (c)) None ( (c), , ) ( (a)) ( (b), , ) ( (b)) V. REQUEST FOR ADMISSION Type Commences Closes Time Limit Requirements MT/Conf. Op.Part.Rem. Sanctions REQUEST FOR ADMISSION ( ) A. Discovery 1. Truth Facts ( ) 2. Genuineness of Documents ( ) Plaintiff: 10 days summons ( (a)) ( (b)) Plaintiff: 10 days summons ( (a)) ( (b)) Ct. may grant plaintiff leave to propound at an earlier time upon ( (c)) 30 days befe 30 days befe 30-day notice ( ) 30-day notice ( ) Another party in the action ( ) 35 limit ( (a)) Declaration of necessity complexity the quality of the existing and potential issues ( (a), ) No limit ( (c)) Availability of iginals ( (g)) Object in lieu of admitting denying ( )) Object in lieu of admitting denying ( )) 11

12 B. Motions 1. ( )) 2. Establishing Admissions ( ) 3. Compel Further Answers ( (c)) Promptly ( (a)) None 45 days after response supplemental response ( (c)) Unwarranted annoyance, embarrassment, oppression undue burden and expense ( (b)) No response ( (a)) Statement of requests and response to RFA in dispute (CRC ) ( (a)) No ( (b)) Tardy response defeats motion; response must be substantially in compliance ( (b)) ( (d)) Mandaty ( (c)) Monetary ( (d)) Deemed admitted if court der disobeyed ( (e)) VI. EXPERT WITNESSES Type Commences Closes Time Limit Requirements MT/Conf. Op.Part.Rem. Sanctions EXPERT WITNESSES ( ) A. Discovery 1. Disclosure List ( ) 2. Supplemental List ( ) DEMAND--70 days befe trial 10 days after trial settlement conference, whichever is closer to trial date ( ) 20 days after exchange ( (a)) RESPONSE--50 days befe trial 20 days after demand, whichever is closer to trial date ( ) Simultaneous exchange of (1) expert lists ( (b)) (2) declarations ( (c)) (3) repts of experts ( ) Limited to adding experts in area opposing party named in initial exchange ( (a)) Served expert witness declaration in compliance with CCP ( (a)) Exclusion of expert by motion in limine ( ) 12

13 B. Motions 1. ( ) 2. Augment List ( ) 3. Submit Tardy Expert Infmation ( ) Promptly ( (a)) Sufficient time, befe 15-day cutoff ( (b)) Sufficient time, befe 15-day cutoff ( (b)) Good ( (b)) No prejudice ( (a),(b)) Excuse reasonable diligence could not have found out ( (c)(1),(2)) Infmation served ( (c)(2)(B)) Experts available f deposition ( (d)) No prejudice ( (a),(b)) Excuse reasonable diligence could not have found out ( (c)(1),(2)) Infmation served ( (c)(2)(B)) Experts available f deposition ( (d)) ( (c)) ( (c)) ( (c)) ( (d)) ( ) ( (d)) ( ) 13