California civil litigation obtaining and using tangible evidence
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CALIFORNIA CIVIL LITIGATION OBTAINING AND USING TANGIBLE EVIDENCE. REQUESTS FOR INSPECTION. Written request for inspection of documents or things By parties to parties Written response under oath, and production by respondent. REQUESTS FOR INSPECTION. DOCUMENT REQUESTS

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CALIFORNIACIVILLITIGATIONOBTAINING AND USING TANGIBLE EVIDENCE

© 2005 by Thomson Delmar Learning. All Rights Reserved.


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REQUESTS FOR INSPECTION

  • Written request for inspection of documents or things

  • By parties to parties

  • Written response under oath, and production by respondent


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REQUESTS FOR INSPECTION

DOCUMENT REQUESTS

REQUESTS FOR PRODUCTION


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DEMAND RULES

State Court

  • At any time after hold

  • Complete before cutoff

  • No limit on number of sets or items sought


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DEMAND FORMAT

  • Caption and heading

  • Items described in categories, reasonable particularity

  • Recite any testing, copying

  • State time and place for production (30–35 days notice)


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Alma Howardson, Esq. SBN 95309

1234 Main St.

Vista View, CA 99999

555-555-5555

Attorney for Plaintiff Smith

SUPERIOR COURT OF MOUNTAIN COUNTY

James Smith, plaintiff, ) Case No. 12345-6

v. )

Robert Jones, and Does ) REQUEST FOR PRODUCTION OF )

1-5, defendants. ) DOCUMENTS AND THINGS

_____________________ ) Propounded by: Plaintiff

Propounded to: Defendant

Set No. One


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Pursuant to the Code of Civil Procedure §2031, plaintiff James Smith, requests that defendant, Robert Jones, produce the documents and things described in exhibit A attached hereto, at 10:30a.m. on June 28, 2004 to plaintiff's counsel. Alma Howardson, Esq. , 1234 Main St., Vista View, CA 99999 (555-555-5555). The documents will be photocopied, and non-destructive testing, including the removal of paint samples, will be performed by plaintiff’s agent.

May 28, 2004 _________________

Alma Howardson, Esq.

Attorney for Plaintiff

______________________

Smith v. Jones

Plaintiff’s Interrogatories, Set Two page 1


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RESPONSE

  • Written verified response

  • Production of items


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RESPONSE FORMAT

  • Caption and heading

  • Objections, if any

  • Agreement to produce, or

  • Inability to produce


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PRIVILEGE LOG

  • Description of privileged documents withheld

  • Permits motion to compel to test privilege


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IF NO RESPONSE

  • Objections waived

  • No meet and confer

  • No time limit for motion to compel

  • Sanctions if “frivolous”


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IF INADEQUATE RESPONSE

  • Meet and confer required

  • Motion to compel further response within 45–50 days

  • Sanctions if “frivolous”


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DEMAND RULES

Federal Court

Same as state court except:

  • No hold at outset

  • 30–33 days’ notice

  • No time limit for motion to compel further response


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RESPONSE

Federal Court

Same as state court except response not verified.


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OBTAINING TANGIBLE EVIDENCE FROM THIRD PARTIES

  • Subpoena duces tecum

  • With/without deposition testimony


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THE PRODUCTION

Responding party produces:

  • Evidence sought

  • In condition kept

  • Categories as described in notice

  • Exclusive of privileged documents


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ORGANIZING DOCUMENTS

EVERY DOCUMENT MUST HAVE A UNIQUE NAME!


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ORGANIZING DOCUMENTS

  • Keep master copy

  • Identify documents

  • Index

  • Copy for witness and issue files

  • Analyze in context


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SUMMARYRequests/Subpoenas, Unique Names

PREVIEW

Independent Medical Examinations


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