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All Answers Remain the Same
DILEMMA: It is 30 days before trial and you get the final responses to your propounded discovery. In reviewing responding party’s answers to supplemental interrogatories the verified response says...
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COITO v. SUPERIOR COURT–Is It Heading Back to the Supreme Court?
On August 14, 2012, Judge William A. Mayhew of Stanislaw Superior Court issued his Notice of Hearing on Issues Re Remand (pdf)in the case of Debra Coito v. State of California. The order requested...
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CONSTRUCTION LAWYERS–YOU CAN NOW CHECK THE BOX!!
I am pleased to report that the California Judicial Council has approved for use Form Interrogatories—Construction Litigation (form DISC-005). The approved form will be on the Judicial Council...
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You Can Discover How Much Was Paid for Medical Treatment
Many times when a plaintiff answers Form Interrogatory 6.4, responds to requests for production of medical bills or prepares a settlement demand, they use the total medical bill without any regard to...
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DISCOVERY PLAN PART 3–Are You Ready for Mediation?
In many cases mediation is the most cost-efficient and effective method of resolving a case. Often, litigants can save a lot of money and time when mediation is held after first tier discovery has been...
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Is It Time to Appoint a Discovery Referee?
Last November I received the following e-mail: Since courts are so overwhelmed and setting dates for hearing is now running 6 months or longer, how does one do motions to compel further responses to...
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Discovery Plan Part 4 — The Year Before Trial
Somewhere in the back of your mind you are aware that discovery and Motions for Summary Judgment deadlines are looming. Yet, you really don’t pay attention to them until they are upon us usually...
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Why Every Insurance Carrier Should Insist That The New Construction Form...
John Podesta, an insurance coverage attorney in San Francisco, brings us his perspective on why the Form Interrogatories for Construction Defect should be used. John has handled hundreds of coverage...
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What is a General Objection?
ANSWER: A fictional document. A non-existent objection neither based in statutory authority nor found in case law. A statement by a party during the discovery phase that they will neither be held...
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Why You Need to Bring a Motion to Strike General Objections
Recently I was contacted to help on a party’s Motion to Compel Further Responses to Form Interrogatories, Requests for Production of Documents, and Requests for Admissions. In viewing opposing...
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DISCOVERY GAMES AND MISCONCEPTIONS – Are These Objections Legitimate?
Several times per month I receive questions from attorneys regarding a discovery dilemma. Mostly the questions offer a novel twist on basic discovery. However, this latest query was quirkier than...
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Are You Following Up on Your Opponent’s Discovery Responses?
Unlike Federal Rule Civil Procedure 26(e)(1) – (2), California law does not impose a continuing duty on a party to supplement their interrogatory or document responses. Biles v. Exxon Mobil Corp....
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DISCOVERY GAMES AND MISCONCEPTIONS – Is the Court Correct That There is No...
Recently I received an e-mail from an attorney who followed my advice regarding General Objections. It went like this: “I read your article ‘Why you Need to Bring a Motion to Strike General...
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The Pitfalls of Bad Discovery Habits
For years I have been blogging about bad discovery habits from Garbage Objections to unauthorized General Objections, and preached that attorneys must play by the rules. As you know if you have read...
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The Interrogatory Says What it Says
There are very few discovery cases that come out each year. Usually they are are significant and involve privileges such as Coito v. Superior Court and Catalina Island Yacht Club v. Superior Court....
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Discovery and the Motion for Summary Judgment
In most practices areas, facts are king. The attorney who can discover and present the best “facts” will be the most persuasive when presenting their case to the judge or jury. However, some cases can...
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Avoiding the Technical Mistakes When Drafting Written Discovery
Recently I received a telephone call from an attorney wanting to discuss whether opposing party’s objections to her special interrogatories had any merit. Listening to the list of objections, it was...
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To Sign or Not to Sign Your Proof of Service
When I was a research attorney for Alameda County Superior Court, my judge drilled into me to always check the proof of service to make sure that it was signed and service on all parties had properly...
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Discovery May Be Obtained of the Identity and Location of Persons Having...
The title of this blog is a quote from the most basic tenant of the 2016 Discovery Act found in Code of Civil Procedure Section 2017.010 titled Matters Subject to Discovery which reads: “Unless...
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DO YOU KNOW WHAT YOUR OBLIGATIONS ARE IN RESPONDING TO WRITTEN DISCOVERY?
I received a comment about one of my blogs saying: Many young(er) attorneys abuse discovery as a matter of course – as if they have been taught how to be obstructionists at law school. I also think...
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