California Procedures
Chapter 5
Discovery
First Read:
• Companion Ch. 11-17
• LBTN Ch. 5
Introduction
This chapter discusses the process by which the parties gather evidence to support their case, disprove the opposing party’s case, and tie down the opposing party’s story. Discovery enables the parties to obtain the evidence necessary to evaluate their case, possibly reaching a resolution or settlement before trial, or, in the alternative, to present their best possible case and their best defense at trial, without any surprises. The paralegal needs to understand:
• the scope of discovery
• the purpose of a discovery plan and how to draft and utilize it
• the rules affecting propounding and responding to discovery in general
• the various discovery tools and the rules for formatting, filing and serving requests and responses
• rules and procedure for compelling responses and further responses