What Are The Discovery Rules In California?

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There are a lot of discovery rules in California. Here are some things you should know.

Civil Discovery Act

Discovery is governed by the Civil Discovery Act, CCP § 2016.010 to 2036.050. Parties have a right to discovery under that Act. Parties can use any of the methods allowed under that Act. And parties can modify, by stipulation, any of those methods. CCP § 2016.030.

Discovery under the Act is self-executing: the Court does not need to get involved. Generally, the Court only gets involved when there are discovery disputes. But when the Court gets involved, it has broad authority to manage disputes under the Act.

The Civil Discovery Act applies to every civil action and every special proceeding of a civil nature, unless there is a statutory exemption. CCP § 2016.020(a).

What Are The Methods Of Discovery?

There are 6 methods of discovery under the Act (CCP § 2019.010(a)):

  1. Oral and written depositions
  2. Interrogatories
  3. Requests for production of documents, things, and places
  4. Physical and mental examinations
  5. Requests for admissions
  6. Simultaneous exchanges of expert witness information

For lawsuits filed after January 1, 2024, there is arguably a 7th method of discovery: initial disclosures. CCP § 2016.090.

Discovery Under Different Statutes

There are other statutes apart from the Act which allow for discovery. These are:

  • Appointment of a discovery referee CCP § 639(a)(5)
  • Right to subpoena documents CCP § 1985-1985.8
  • Motions to quash deposition subpoenas CCP § 1985.3
  • Service of statement of damages CCP § 425.10(b)
  • Discovery of defendant’s financial condition when punitive damages are involved CC § 3295
  • Discovery in underinsured/uninsured motorist claims Ins Code ¶ 11589.2(f)

California Rules Of Court

California Rules of Court also apply to discovery:

  • The form of supplemental interrogatories and further responses to interrogatories, inspection requests, and admission requests (Rule 3.1000)
  • Discovery motions (Rule 3.1345-3.1348)
  • Establishing a discovery schedule in a complex case (Rule 3.451(a)(3))
  • Discovery in arbitration (Rule 3.822)

Judicial Forms For Discovery

Finally, there are several judicial forms you can use for discovery:

  • Form Interrogatories DISC 001
  • Request for Admission DISC 020
  • Deposition subpoena for business records SUBP 010
  • Deposition subpoena for personal appearance SUBP 015
  • Statement of damages CIV 050

Evan Walker

Evan W. Walker is a La Jolla attorney who has practiced law since 2008. He has practiced law throughout California, Connecticut, and Louisiana.

Evan worked for and defended insurance companies during the first 7 years of his practice. Since 2015, he has represented people with personal injury and property damage claims and insurance disputes.

Evan’s practice is devoted to serious personal injury claims and catastrophic property damage claims. Areas of focus include security claims against bars and other businesses, government tort claims, fire and flood claims, and inverse condemnation. On behalf of clients, Evan has fought insurance firms, international companies, cities, bars, and casinos.

Evan regularly shares his expertise with other attorneys by teaching courses on insurance and inverse condemnation. He has taught several continuing legal education courses to Attorney Credits, a nationwide CLE company, and ProLawCLE, another nationwide CLE company. He also contributes to various podcasts and publications.

Associations:

  • Member, State Bar of California
  • Member, San Diego Bar Association
  • Member, Consumer Attorneys of California
  • Member, Consumer Attorneys of San Diego
  • Member, La Jolla Bar Association
  • Member, La Jolla Village Merchants Association
  • Member, San Diego Chamber of Commerce