Category Archives: Discovery
Are California Attorneys Obligated To Return Inadvertently Disclosed and Potentially Privileged Materials?
There is no Inadvertent Disclosure rule found in the California Rules of Professional Conduct. In the absence of California authority, courts have looked to the ABA Model Rules, and the ABA Formal Opinions interpreting them, as well as the ethics … Continue reading
New 7-HOUR Limit for California Depositions
On January 1, 2013, Assembly Bill 1875 became effective. It adds Code of Civil Procedure § 2025.290, which limits depositions of any person in California state court proceedings to seven hours. Parties can, of course, stipulate or move the Court … Continue reading
Serving Deposition Subpoenas with Document Requests On Non-parties in Federal Court vs. California state court
In both California state court cases and federal cases, a non-party must be personally served with a subpoena to secure his or her attendance and production of documents at a deposition. In California state cases, you simply personally serve the … Continue reading
Differences Between Discovery in California State Court and Federal Court: Hold on Discovery in Federal Court Until Parties Confer
The California Discovery Act allows a Plaintiff to serve written discovery on the defendant as soon as ten days after service of the summons and complaint. (See, e.g., Code of Civil Procedure § 2030.020 [interrogatories].) But if you find yourself … Continue reading
Appealing Discovery Sanctions in California
In California, only sanction orders or judgments exceeding $5,000 are appealable prior to final judgment. (Code Civ. Proc., § 904.1, subd. (a)(12).) If you want to appeal a sanction award less than $5,000, you have to wait until after entry … Continue reading
