|
CALIFORNIA CIVIL DISCOVERY PROCEDURES
A People’s Choice can save you hundreds of dollars by preparing civil
discovery and other civil legal documents instead of an expensive attorney!
Civil Litigation Learning Center
Our online learning center provides quick access to valuable information contained in our web
site, California and Federal Codes, Court web sites and other legal sources of information.
Types of civil discovery: Civil discovery is one of the most important processes during civil litigation. This process allows
each side opportunity to discover facts and evidence from the other side. There is a variety of types of discovery. They are:
- Form interrogatories
- Special interrogatories
- Demand for production of records
- Demand for inspection of documents and/or things
- Requests for admissions
- Deposition
- Demand for physical exam
- Subpoena
- Request for Statement of Damages
Interrogatories:
Interrogatories are written questions directed to a party and answered under oath. The answers may be used as evidence against the responding party.
Form interrogatories: Optional-use standard questions included in Judicial Council forms. No limitation as to how
many may be propounded on party in unlimited civil cases. In limited cases, discovery is limited to any combination
of 35 of form interrogatories, special interrogatories, demands to produce and requests for admissions.
Special interrogatories: Special interrogatories are questions not covered by the Judicial Council form
interrogatories and are limited to 35 questions. If there is a need for additional interrogatories beyond the 35
statutory limit, then a Declaration for Additional Discovery must be included. A responding party can object to interrogatories over the allowed 35 by filing a motion.
Demand for production of documents and/or inspection of records:
Any party may demand another party to:
- Produce and permit the inspection and copying of documents which the propounding party believes are relevant to
the civil case and which documents are believed to be in the possession, custody or control of that party;
- Produce and permit the inspection, photographing, testing or sample of any tangible item which is relevant to the
case and believed to be in the possession, custody or control of that party;
- Allow the propounding party to enter on land or property to measure, survey, photograph, test or sample the land,
property or any designated object or operation on it which is relevant to the case and believed in the possession, custody or control of that party or
- Allow the propounding party to inspect, copy, test or sample electronically stored information in possession, custody or control of that party.
Request for admissions:
This is a procedure in which a party is requested to admit or deny statements of fact, not
questions. It often serves the purpose of defining and narrowing the disputed areas in a case. It also can be used to verify the genuineness of documents.
Deposition:
A deposition is a procedure where oral testimony, under oath, is obtained through a direct examination and
cross-examination of a party or witness prior to trial. The testimony is preserved in writing and/or on video. A deposition is
the only discovery procedure where evidence can be obtained from both parties and well as witnesses.
Demand for physical exam:
Any defendant may request one (1) physical examination of a plaintiff in an action requesting recovery for personal injuries.
Subpoena:
A subpoena is an order issued under authority of the court to compel the attendance of a nonparty witness. It requires the personal appearance of either a person, records or both.
Request for statement of damages: When a complaint or cross-complaint is filed to recover damages for personal
injury or wrongful death, the defendant may request a statement by the plaintiff which specifically identifies the nature and amount of damages they are seeking.
A People’s Choice can save you hundreds of dollars by preparing civil
discovery and other civil legal documents instead of an expensive attorney!
|
