Discovery

Question 1

Is the standard for discovery in CA broader or narrower than the federal standard?

Answer 1

Broader

Question 2

What is the standard for discoverability in CA?

Answer 2

Information must be “relevant to the subject matter involved in the pending action”

Question 3

Does CA have an automatic disclosure requirement analogous to FRCP 26(a)?

Answer 3

No

Question 4

What kind of work product enjoys an absolute protection in CA courts?

Answer 4

Attorney work product: Writings reflecting mental impressions, conclusions, opinions, legal research

Question 5

What must a party show to request qualified work product (by non-attorney, ex. experts)?

Answer 5

Unfair prejudice or injustice

Question 6

What may a party assert to protect against the discovery of qualified work product?

Answer 6

Right to privacy (which will be balanced against the need for discovery)

Question 7

Does CA impose a duty to supplement discovery upon parties?

Answer 7

No, unless further discovery is requested

Question 8

Within how many days must a CA court hold an initial case management conference?

Answer 8

180 days