This blog post will discuss the use of requests for production of documents in California civil litigation. Requests for production of documents are a vital tool for obtaining the documents that support the opposing party’s claims or defenses so they can be reviewed. Demanding production and inspection of documents and tangible things, as well as entering onto land for inspection and other purposes is permitted under the Code of Civil Procedure in California.
The rules governing requests for production of documents are found in Code of Civil Procedure § 2031.010, et seq.
Code of Civil Procedure§ 2031.010 states that, “(a) Any party may obtain discovery within the scope delimited by Chapters 2 (commencing with Section 2017.010) and 3 (commencing with Section 2017.710), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action. (b) A party may demand that any other party produce and permit the party making the demand, or someone acting on that party’s behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made. (c) A party may demand that any other party produce and permit the party making the demand, or someone acting on that party’s behalf, to inspect and to photograph, test, or sample any tangible things that are in the possession, custody, or control of the party on whom the demand is made. (d) A party may demand that any other party allow the party making the demand, or someone acting on that party’s behalf, to enter on any land or other property that is in the possession, custody, or control of the party on whom the demand is made, and to inspect and to measure, survey, photograph, test, or sample the land or other property, or any designated object or operation on it. (e) A party may demand that any other party produce and permit the party making the demand, or someone acting on that party’s behalf, to inspect, copy, test, or sample electronically stored information in the possession, custody, or control of the party on whom demand is made.”
A defendant may propound a request for production of documents at any time, however a plaintiff may not do so until at least ten (10) days have passed since service of the summons on the defendant, or the general appearance by the defendant, whichever occurs first. See Code of Civil Procedure § 2031.020.
There is no numerical limit to the number of requests but a party served with excessive requests may seek leave of court to limit the number of requests.
The California courts have ruled that the scope of discovery in California civil litigation is very broad. Any doubts are applied liberally in favor of discovery.
For discovery purposes, information is relevant if it might reasonably assist a party in evaluating case, preparing for trial, or facilitating settlement. Gonzalez v. Superior Court (City of San Fernando (1995) 33 Cal.App.4th 1539, 1546.
Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible evidence. Davies v. Superior Court (1984) 36 Cal.3d 291, 301
These rules are applied liberally in favor of discovery. Colonial Life & Accident Ins. Co. v. Superior Court (1982) 31 Cal.3d 785, 790, and (contrary to popular belief), fishing expeditions are permissible in some cases. Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 385, (“although fishing may be improper or abused in some cases, that “is not of itself an indictment of the fishing expedition per se”.)
Requests for production and inspection of documents and tangible things are very useful in that they allow a party to review in detail all relevant documents and tangible things that support the opposing party’s claims or defenses.
Attorneys or parties to civil litigation in California who wish to view a portion of sample request for production of documents for use by a defendant in an unlimited civil case that is sold by the author can see below.
http://www.scribd.com/doc/27177826
To view a portion of sample responses to a request for production of documents in California for an unlimited civil case sold by the author click below.
http://www.scribd.com/doc/77296920/Sample-Responses-to-Requests-for-Documents
The author of this article, Stan Burman, is a freelance paralegal with over 15 years of experience in California civil litigation. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information.
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