UPDATED January 4, 2023
Effective January 1, 2023, Caifornia Code of Civil Procedure § 2016 which authorized authorized the court to conduct an informal discovery conference upon request of a party or on the court’s own motion was REPEALED.
As a Discovery Referee, I found the process helpful and incorporated it into many of my
The purpose of the “meet and confer” requirements set forth in C.C.P. §§ 2025.450(b)(2), 2025.480, 2030.300(b), 2031.310(b), 2032.250 and 2033.290 was for the lawyers to revisit their position, and in good faith, discuss a resolution in order to avoid unnecessary discovery motions.
Unfortunately, times have changed since the Discovery Act of
In the previous blog, Start Preparing Your Motion Because with These Responses You’re Going to Court, I used the following example as a type of response I see as a Discovery Referee:
Responding party hereby incorporates its general objections as if fully stated herein. Responding party objects to this request to the extent it seeks
Have you noticed that you are getting too many objections and very little documents to your document requests? Have you also noticed that despite months of meet and confers you still don’t have a determination whether or not documents exist; and if they do exist, why they aren’t being produced? Is this scenario more the norm
It’s not required that a party amend interrogatory responses to reflect information the party got after responding, but there are situations in which a party may want to do just that.
Here’s why it may be a good idea to amend interrogatory responses:
Alexandra A. Hamilton, a trial attorney at The Veen Firm, who handles complex cases involving catastrophic injuries or death, including products liability, workplace injuries, dangerous conditions of property, and vehicle negligence has written a great article for Plaintiff Magazine regarding how to combat the games attorneys play regarding the supplemental expert disclosure. Enjoy.
Another great article from Julie Lewis, President, CEO and Founder of Digital Mountain regarding obtaining information from a party’s iPad’s, smart phones and other mobile devices.
Social Media Metadata on Mobile Devices: Gathering Valuable Crumbs
If you’re a fan of television crime dramas, chances are you’re intrigued by how the smallest bits of evidence
Julie Lewis, President, CEO and Founder of Digital Mountain, has over 20 years of experience working in the high technology industry and is a frequent speaker on electronic discovery, computer forensics and cybersecurity. After working on over 1,000 computer forensics and e-discovery cases for over a decade, Julie has provided us with some
About a year ago I received an inquiry from a lawyer stating:
I’m researching whether the defendant can file a motion for a protective order after my motion to compel was already granted—I’m’ trying to find a case that precludes the protective order motion as a matter of law—res judicata perhaps?
This is a procedural
A plaintiff counsel writes in asking for advice:
“Today is July 7th. Trial is July 31. Discovery cut-off was July 1 and expert discovery closes on July 16th. Well, my client sought additional treatment on June 25thwith a neck, back and spine specialist. The results of the visit were provided to me on June 26th and