Discovery date

Status
Not open for further replies.

bari7230

New Member
Hello,
This is a CEPA case unlawful termination,
Soon is a court day, next week is the settlement conference day.
We just received an additional document; the discovery date has been long expired (year and a half ago).
My lower objected them!
Will those document be accepted by the court ? how common is that ? and what would the other side will need to prove?
Discovery date is that something so important that no other document (in my case) will be accepted, or it's just something formal that new evidence can be accepted.
I am not asking what will the court do, but what will be the consideration for its decision, and base on what, if at all.
Thanks.
 
California state courts, discovery is governed by the Civil Discovery Act of 1986 (Title 4 (Sections 2016-2036) of the Code of Civil Procedure), as subsequently amended. A significant number of appellate court decisions have interpreted and construed the provisions of the Act.

California discovery requests are not continuing: the responding party only needs to respond with the facts as known on the date of the response, and is under no obligation to update its responses as new facts become known.

This causes many parties to reserve one or two interrogatories until the closing days of discovery, when they ask if any of the previous responses to discovery have changed, and then ask what the changes are. California depositions are not limited to one day.

A party may only propound thirty-five written interrogatories on any other single party, and no "subparts, or a compound, conjunctive, or disjunctive question" may be included in an interrogatory; however, "form interrogatories" which have been approved by the state Judicial Council do not count toward this limit. In addition, no "preface or instruction" may be included in the interrogatories unless it has been approved by the Judicial Council; in practice, this means that the only instructions permissible with interrogatories are the ones provided with the form interrogatories.

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp&codebody=&hits=20
 
Last edited:
Status
Not open for further replies.
Back
Top