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.
discovery obligations
COVID-19 “Not a Golden Ticket” to Avoid Discovery Obligations
By Laura Stafford & Michelle M. Ovanesian on
The COVID-19 pandemic has unquestionably had a massive effect on nearly all aspects of American life. However, now that COVID-19 is and continues to be a known risk, parties should carefully consider when and to what extent it can be invoked to obtain an extension or continuance with respect to discovery obligations.