Los Angeles, CA asked in Personal Injury and Medical Malpractice for California

Q: What statute, rule in California defines permissible types of discovery?

What statute, rule in California defines permissible types of discovery?

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, the types of permissible discovery are defined by the California Code of Civil Procedure, specifically under Title 4 - Civil Discovery Act, which covers sections 2016.010 to 2036.050.

The main statute that outlines the permissible types of discovery in California is Section 2019.010 of the Code of Civil Procedure, which states:

"Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence."

The specific types of discovery allowed under the California Code of Civil Procedure include:

1. Oral Depositions (Sections 2025.010 - 2025.620)

2. Written Interrogatories (Sections 2030.010 - 2030.300)

3. Inspection of Documents, Things, and Places (Sections 2031.010 - 2031.060)

4. Physical and Mental Examinations (Sections 2032.010 - 2032.650)

5. Requests for Admission (Sections 2033.010 - 2033.420)

6. Simultaneous Exchanges of Expert Trial Witness Information (Sections 2034.010 - 2034.730)

7. Perpetuation of Testimony or Preservation of Evidence (Sections 2035.010 - 2035.080)

These types of discovery are subject to various limitations, restrictions, and procedures outlined in the respective sections of the Code of Civil Procedure.

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