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California Points & Authorities
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
8-80 California Points & Authorities 80.syn
Discovery: Scope, Regulation, and Timing
The Matthew Bender Editorial Staff
This chapter of California Points and Authorities contains points and authorities relating to the general limits on the scope of discovery set out in Cal. Code Civ. Proc. § 2017.010 et seq., including forms supporting and opposing a motion to compel discovery based on the relevancy of the matter sought to be discovered, and a form supporting a motion for protective order limiting the scope of discovery on the ground that the burden, expense, or intrusiveness of discovery under the circumstances outweighs the likelihood that the matters sought to be discovered will lead to admissible evidence.
This chapter includes points and authorities relating to the general provisions by which discovery may be regulated under Cal. Code Civ. Proc. §§ 2019.010 et seq. and 2024.010 et seq. The chapter includes a form supporting a motion for protective order under Cal. Code Civ. Proc. § 2019.030 which restricts the frequency or extent of discovery that is unreasonably cumulative, burdensome, or expensive under the circumstances; a form supporting a motion to establish a particular sequence and timing for discovery under Cal. Code Civ. Proc. § 2019.020(b), when it serves the convenience of parties or witnesses or otherwise serves the interests of justice; a form supporting a motion to compel discovery on the ground that it is not barred by the general time limits for completing discovery under Cal. Code Civ. Proc. § 2024.020; and a form supporting a motion seeking leave under Cal. Code Civ. Proc. § 2024.050 to complete discovery, hear a discovery motion, or reopen discovery notwithstanding the general time limits for completing discovery.
California Points and Authorities is the only California publication to provide forms that combine concise arguments of the law with accurate summaries of supporting statutes, cases, and rules. Easily adaptable for use in trial and appellate briefs and researching jury instructions, the forms are designed to assist the attorney in arguing points of law at all stages of litigation.
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For a skeletal form of memorandum for use in creating a properly formatted outline in which to compile relevant forms, see Ch. 1, Writing Legal Memoranda and Briefs.
For memoranda supporting or opposing a motion to compel discovery on the ground that the matter sought to be discovered is privileged or is otherwise protected from disclosure, see Ch. 81, Discovery: Privileges and Other Discovery Limitations.
For memoranda supporting or opposing a motion to compel discovery, or supporting or opposing a motion for protective order in the context of a particular discovery method, see Ch. 83, Discovery: Depositions, through Ch. 88, Discovery: Exchange of Expert Witness Information.
For memoranda for use in seeking or opposing writs to review discovery orders, see Ch. 89A, Discovery: Review of Discovery Orders.
See Matthew Bender(R) Practice Guide: California Civil Discovery (Matthew Bender) for all the information you need to handle discovery requests and responses including interrogatories, requests for admissions and depositions, plus detailed information regarding topics such as electronic discovery and sanctions.
See Matthew Bender(R) Practice Guide: California Pretrial Civil Procedure (Matthew Bender) for precise guidance on finding pertinent online information, cross-references to relevant content, icons classified by type, and an abundance of checklists and forms that you can't find elsewhere.
For background discussion of the general provisions of the Discovery Act relating to overall scope, regulation, and timing, with related forms of motions and supporting papers, see California Forms of Pleading and Practice, Ch. 190, Discovery: Scope, Regulation and Timing (Matthew Bender).
For a discussion relating to discovery of insurance company information, see California Forms of Pleading and Practice, Ch. 191, Discovery: Privileges and Other Discovery Limitations (Matthew Bender).
For background discussion of forms of moving papers relating to civil discovery by demands for physical or mental examinations, see California Forms of Pleading and Practice, Ch. 197, Discovery: Physical and Mental Examinations (Matthew Bender).