![]() Jefferson’s California Evidence Bench Book 4 th Edition (CEB 2017).California Discovery Citations (TRG 2017).Guide: Civil Procedure Before Trial FORMS (TRG 2017) Guide: Civil Procedure Before Trial (TRG 2017) California Civil Discovery (LexisNexis 2017).California Civil Discovery Practice 4 th Edition (CEB 2017).There are many treatises on Discovery that explain in detail what are a party’s obligations in responding to discovery as well as what are the proper objections to written discovery. Requests for Production of Documents has a very specific obligation as you must make a “ diligent search” and a “ r easonable inquiry” which can be a very difficult standard for the responding party to meet if challenged. This means that you can’t just pawn off the responses to your client or spend an hour and dictate off the top of your head and then answer “ inability to respond.” See Sinaiko-Healthcare-Consulting-v.–Pacific-Healthcare Superior Court (1981) 119 CA 3d 534, 552Įxperts Sigerseth v. (1961) 189 CA 2d 6Īgents or employees Gordon v. “A party cannot plead ignorance to information which can be obtained from sources under his control.” Deyo v. The code requires that a party must make a reasonable and good faith effort to obtain the information. The attorney for the responding party needs to be aware of the statutes in responding to interrogatories, request for admissions and Requests for production of documents each have their own set of requirements for the response. Guide: Civil Procedure Before Trial (TRG 2017) §8:1 citing Greyhound Corp. In understanding, what a party’s obligations are you need to understand that the purpose of the 1986 Discovery Act is to exchange information between the parties so each side can evaluate their strengths and weaknesses of their case so the case can be resolved before trial. This isn’t just coming from young lawyers but also seasoned lawyers with 15+ years of experience. ![]() Instead the responses are full of garbage objections that have no merit and the responses show a failure of a proper investigation. It’s as if they never read the statutes and never read any of the treatises. However, what I have been seeing lately is that the counsel responding to the written discovery does not understand what their obligations are in responding to written discovery. These include filing motions to compel further responses, filing motions for protective orders and how to recover sanctions. I have written many blogs regarding how to handle discovery abuse by opposing counsel. One dope sent me objections that were over 100 pages. I also think newer attorneys do the scorched earth route to create more billing. 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 received a comment about one of my blogs saying:
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