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California Points & Authorities
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

8-89A California Points & Authorities 89A.syn


Discovery: Review of Discovery Orders


The Matthew Bender Editorial Staff

Chapter Summary


Civil discovery in California, including the review of discovery orders, is primarily governed by the California Civil Discovery Act. A writ of mandate is ordinarily used to compel an inferior court to perform an act required by law. The writ of prohibition is the counterpart of mandate and is used to arrest, restrain, and prevent proceedings of an inferior court that has exceeded its jurisdiction. Therefore, mandate is usually the appropriate remedy for an improper denial of discovery, while prohibition is the proper remedy to prevent improper discovery.

This chapter of California Points and Authorities contains memoranda relating to review of discovery orders by extraordinary writ. It includes: a form for a caption for memorandum supporting a petition for writ of mandate or prohibition, forms supporting a petition for writ of mandate and writ of prohibition, and forms opposing a petition for writ of mandate and writ of prohibition.

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 relating to writ proceedings for mandate or prohibition generally, see Ch. 150, Mandate and Prohibition.

For memoranda relating to discovery orders generally, see Ch. 80, Discovery: Scope, Regulation, and Timing, through Ch. 89, Discovery: Preservation of Evidence.


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 a discussion and forms for use in writ proceedings to review discovery orders, see California Forms of Pleading and Practice, Ch. 200, Discovery: Review of Discovery Orders (Matthew Bender).

For a discussion and forms relating to writs proceedings for mandate or prohibition generally, see California Forms of Pleading and Practice, Ch. 358, Mandate and Prohibition (Matthew Bender).

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).
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