In civil litigation in California, discovery refers to the process by which parties gather information from each other to prepare for trial. The purpose of discovery is to allow each party to obtain evidence that might be useful in proving or defending their claims, promoting transparency, and preventing surprise during trial. California’s discovery rules are primarily governed by the California Code of Civil Procedure (CCP), specifically from Sections 2016.010 to 2036.050.
Types of Discovery in California Civil Litigation:
- Interrogatories (CCP §§ 2030.010 – 2030.410):
o Definition: Written questions sent by one party to another, which must be answered in writing and under oath.
o Purpose: To obtain basic factual information about the case.
o Limit: In general, a party can serve up to 35 interrogatories, but this can be expanded by agreement or court order.
Example:
o “Please state your full name, address, and date of birth.”
o “Describe in detail how the incident occurred.” - Requests for Production of Documents (CCP §§ 2031.010 – 2031.510):
o Definition: A request for specific documents, records, or tangible items relevant to the case.
o Purpose: To obtain physical evidence or documents that may support a party’s claims or defenses.
o Limit: There is no limit on the number of requests, but they must be reasonable and not overly broad.
Example:
o “Produce all medical records related to the incident described in the complaint.”
o “Provide all correspondence between the parties related to the dispute.” - Requests for Admissions (CCP §§ 2033.010 – 2033.410):
o Definition: Requests that ask the other party to admit or deny certain facts.
o Purpose: To narrow down the issues for trial by obtaining admissions about facts that do not need to be disputed.
o Limit: A party can serve up to 35 requests for admissions, unless expanded by the court.
Example:
o “Admit that you were the driver of the vehicle involved in the accident on [date].”
o “Admit that the plaintiff sustained injuries as a result of the accident.” - Depositions (CCP §§ 2025.010 – 2025.620):
o Definition: An oral questioning of a witness (deponent) under oath, conducted in person or via videoconference.
o Purpose: To obtain testimony from a witness before trial, which may be used in court or to evaluate the strength of the witness’s testimony.
o Limit: Typically, a party may take up to 7 hours of deposition testimony from a witness, and up to 10 depositions (unless the court orders more).
Example:
o The attorney for one party may question a witness about their knowledge of an incident, documents they possess, or prior statements they’ve made. - Physical and Mental Examinations (CCP §§ 2032.010 – 2032.610):
o Definition: A request to have the opposing party submit to a physical or mental examination if their condition is in dispute.
o Purpose: To evaluate the health or psychological status of a party when relevant to the case (e.g., in personal injury lawsuits).
o Limit: The party seeking the examination must show that the condition is in controversy and that the examination is necessary for resolving the case. - Subpoenas (CCP §§ 1985.1 – 1985.14):
o Definition: A subpoena is a legal order compelling a person or entity to produce documents or testify at a deposition, hearing, or trial.
o Purpose: To gather evidence or compel witness testimony from third parties.
o Limit: A party must serve the subpoena properly and may have to pay fees for the subpoenaed party’s time.
