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)):
- Oral and written depositions
- Interrogatories
- Requests for production of documents, things, and places
- Physical and mental examinations
- Requests for admissions
- 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