Civil Discovery Act Flashcards
What is CCP § 2016.010?
The “short title” of the “Civil Discovery Act.”
What is CCP § 2016.040?
A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.
What are the sections that apply to service for discovery and motions under CCP § 2016.050?
CCP § § 1011 and 1013.
What is CCP § 2016.080 and what does it describe?
This section describes the procedure for an informal discovery conference.
What is the procedure for an informal discovery conference?
Under CCP § 2016.080, the moving party files a declaration under § 2016.040 and if the court does nothing for 10 calendar days, then the request is deemed denied.
What is CCP § 2017.010?
This section provides that “any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter… if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.”
What is the test for a protective order under CCP § 2017.020?
The court shall limit the scope of discovery the burden, expense or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. Any party that makes or opposes a motion for a protective order without substantial justification shall be sanctions under CCP § 2023.010 et seq.
What is CCP § 2018.030?
The statute that protects attorney writings defined as a writing that “reflects an attorney’s impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances.” But the work product is discoverable f the court determines that “denial of discovery will unfairly prejudice the party seeing discovery in preparing that party’s claim or defense or will result in an injustice.”
What is CCP § 2019.010?
This statute provides the approved discovery methods.
What are the three types of deposition subpoenas for nonparties?
Under CCP 2020.020, a deposition subpoena may command the attendance and testimonly only, CCP 2020.310, the production of records only, CCP 2020.410, or both, CCP 202.510.
How much time does a custodian of records have to produce records under CCP 2020.410?
The deposition subpoena shall command compliance no earlier than 20 days from issuance or 15 days after service, whichever is later.
What is CCP 2023.010?
This statute describes misuses of discovery process.
What is CCP 2023.030?
This statute permits the imposition of sanctions for the misuse of discovery process.
In seeking sanctions under CCP 2023.030, what is required?
Under CCP 2023.040, the request for sanctions shall 1) identify the person against whom sanctions are sought, 2) specify the type of sanction sought, 3) support the motion with a memorandum of points and authorities, and 4) support the motion with a declaration setting forth support for the amount sought.
What is the discovery cutoff?
Under CCP 2024.020, a party is entitled to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day before the date initially set for the trial of the action.
