.png)
Discovery is the backbone of litigation. Whether you're a seasoned trial attorney or a newly minted associate, mastering California’s discovery process is essential to building a strong case. But discovery isn’t just about gathering evidence—it’s about strategy, compliance, and efficiency.
In California, discovery is governed by the Code of Civil Procedure (CCP) and California Rules of Court (CRC). Violating these rules can lead to waived objections, sanctions, or even jeopardized claims and defenses. That’s why every litigator must know how to navigate discovery effectively, respond strategically, and avoid costly pitfalls.
Here's a step-by-step guide to ensure your discovery process is airtight and aligned with California law.
1. Develop a Discovery Plan Early
Great litigators don’t wait for deadlines—they plan ahead. An early discovery strategy ensures you get the right evidence at the right time and stay ahead of opposing counsel.
Start by identifying:
Key issues and claims that require documentary or testimonial evidence.
Witnesses and third parties likely to have relevant information.
The best mix of interrogatories, requests for production (RFPs), depositions, and requests for admission (RFAs) to use.
Legal Authority:
CCP § 2017.010 (Scope of Discovery)
CCP § 2025.010 (Depositions)
CCP § 2031.010 (Requests for Production)
2. Timing is Everything: Serve Discovery at the Right Time
California law imposes strict deadlines on discovery. Timing mistakes can lead to waived objections, incomplete discovery, or losing the ability to file motions.
Best practices:
Propound discovery early to prevent last-minute scrambling.
Track discovery cutoffs to ensure compliance with CCP deadlines.
Factor in response times (usually 30-35 days from service).
Key Deadlines:
Discovery Cutoff – 30 days before trial (CCP § 2024.020)
Expert Discovery Cutoff – 15 days before trial (CCP § 2034.230)
Discovery Motions Deadline – 15 days before trial (CCP § 2024.020(b))
3. Draft Clear & Effective Discovery Requests
Bad discovery requests lead to objections, delays, and frustration. The goal is to ask precise and relevant questions while avoiding objections for vagueness, overbreadth, or burden.
How to Draft Effective Requests:
Be specific – Overly broad or vague requests invite objections.
Use defined terms – Consistency avoids ambiguity.
Tailor requests – Only seek information relevant to the case.
Legal Authority:
CCP § 2030.060(d) (Interrogatory Format)
CCP § 2031.030 (Request for Production Requirements)
4. Responding to Discovery: Timeliness & Strategy
Failing to respond timely waives objections and can even result in sanctions. But strategic responses can also help limit disclosure of privileged or burdensome information.
Response Timeline:
Interrogatories – 30 days to respond (CCP § 2030.260)
Requests for Production (RFPs) – 30 days to respond (CCP § 2031.260)
Requests for Admission (RFAs) – 30 days to respond (CCP § 2033.250)
Pro Tips:
Always preserve objections if necessary (e.g., overbreadth, privilege, relevance).
Provide verified responses to avoid motion practice.
Supplement responses when new information arises.
5. Using Proper Objections to Protect Your Client
Not all discovery requests deserve a full response. California law allows objections when discovery is improper, burdensome, or privileged.
Common Valid Objections:
Overbroad / Burdensome – Request is too expansive.
Irrelevant – Information sought is not reasonably calculated to lead to admissible evidence.
Attorney-Client Privilege & Work Product Doctrine – Protected under CCP § 2018.030.
Privacy Rights – Under California’s Constitution, sensitive data can be protected (CCP § 2017.020).
Legal Authority:
CCP § 2030.240 (Objections to Interrogatories)
CCP § 2031.240 (Objections to Production Requests)
CCP § 2033.230 (Objections to Requests for Admissions)
6. Meet & Confer Before Filing Motions
Judges hate unnecessary discovery disputes. Before filing a motion to compel, California law requires a “meet and confer” process to try resolving disputes informally.
Best Practices:
Send a detailed meet-and-confer letter outlining deficiencies.
Offer reasonable compromises before escalating to court.
Keep written records of all attempts to resolve issues.
Legal Authority:
CCP § 2016.040 (Meet & Confer Requirement)
CCP § 2030.300 (Motions to Compel Interrogatory Responses)
CCP § 2031.310 (Motions to Compel Production)
7. Deposition Strategy: More Than Just Asking Questions
Depositions are a powerful tool but can quickly spiral into expensive, unfocused, or ineffective interrogations if not handled properly.
Winning Deposition Strategies:
Choose the right witnesses (corporate reps, experts, opposing parties).
Use pointed questioning to lock in testimony.
Limit depositions when necessary – California limits depositions to seven hours per witness unless ordered otherwise.
Legal Authority:
CCP § 2025.290 (Seven-Hour Deposition Limit)
CCP § 2025.220 (Deposition Notice Requirements)
CCP § 2025.450 (Motions to Compel Depositions)
8. Handling Electronically Stored Information (ESI)
In today's digital age, emails, texts, and metadata can make or break a case. California discovery rules require proper handling of electronically stored information (ESI).
Best Practices for ESI:
Implement litigation holds to prevent data deletion.
Agree on search terms and formats with opposing counsel.
Preserve metadata—modifying files can lead to spoliation claims.
Legal Authority:
CCP § 2031.060 (ESI Protective Orders)
CCP § 2031.280 (ESI Production Format)
Final Takeaways: Mastering Discovery in California
Be strategic – Only seek discovery that strengthens your case.
Stay organized – Track deadlines, responses, and objections.
Know the rules – Compliance avoids costly sanctions.
Use objections wisely – Protect privilege and avoid over-disclosure.
Meet & confer before fighting – Courts expect cooperation before motion practice.
At Trials & Tech, we provide legal insights, case strategy, and discovery management solutions to help litigators stay ahead. Stay tuned for more expert guidance on navigating California’s complex legal landscape.
Have questions about California discovery rules? Drop a comment below or contact us for a consultation!
תגובות