The California legislature’s efforts to streamline the discovery process, promote transparency and fairness in civil proceedings, and reduce discovery abuse began in 2019, when California Code of Civil Procedure (C.C.P.) § 2016.090 was amended to provide for initial disclosures, but only if the parties stipulated to such an exchange. Unsurprisingly, the rule change had little impact, as very few parties agreed to make the exchange. In 2023, legislation was passed to make the exchange potentially involuntary—now every party to the action must make initial disclosures so long as any other party demands them.
California Rules
Mastering Deposition Designations in California: Best Practices for Trial Success
By Christina Maria Assi on
Some of the most critical evidence at trial comes in the form of deposition testimony from witnesses who are unable to testify live at trial. Done right, deposition designations can powerfully support your case. Done poorly, they can confuse the jury or worse yet, be excluded. Below are six best practices for California practitioners to ensure your designations are both effective and admissible.
New California Evidentiary Standard Makes Admitting Defense Expert Testimony More Challenging
By Seth H. Victor on
California’s evidentiary rules have changed. As of January 1, 2024, defense expert testimony in medical causation cases is subject to a higher threshold.