How to request court order to disclose

Question

Since it is known that defendant hospital can object disclosure of contract with provider, how to skip in discovery additional steps or delays; 
and ask court to grant order to disclose contracts instead of - or in parallel - with production demand?

James L. Arrasmith · Answer

In California, you can request a court order to compel the disclosure of contracts between a defendant hospital and a provider through a motion to compel discovery. This process allows you to seek the court's intervention to obtain the desired documents without going through the typical back-and-forth of discovery requests and objections. Here's how you can proceed: 
 
1. File a motion to compel: Draft and file a motion to compel discovery, specifically requesting the court to order the defendant hospital to disclose the contracts with the provider. In the motion, explain the relevance and importance of the contracts to your case and why the disclosure is necessary. 
 
2. Argue against potential objections: In your motion, preemptively address any potential objections the defendant hospital may raise, such as confidentiality or trade secrets. Argue why these objections should not prevent the disclosure of the contracts and propose any necessary protective measures, such as a confidentiality agreement or protective order, to address the defendant's concerns. 
 
3. Memorandum of points and authorities: Support your motion with a memorandum of points and authorities, outlining the legal basis for your request. Cite relevant California statutes, rules of civil procedure, and case law that support your position. 
 
4. Declaration: Include a declaration from you or your attorney, stating the efforts made to obtain the contracts through normal discovery channels and any responses or objections received from the defendant hospital. 
 
5. Proposed order: Include a proposed order for the court to sign, granting your motion and compelling the defendant hospital to disclose the requested contracts within a specified timeframe. 
 
6. Hearing: The court may set a hearing date for your motion. Be prepared to argue your position and address any objections raised by the defendant hospital during the hearing. 
 
By filing a motion to compel, you can seek the court's intervention early in the discovery process, potentially saving time and avoiding unnecessary delays. However, keep in mind that the court has discretion in granting or denying your motion, and the defendant hospital will have an opportunity to oppose your motion and present their arguments. 
 
It is advisable to consult with an experienced California attorney who can help you navigate the specific requirements and procedures for filing a motion to compel discovery in your case.

Q: How to request court order to disclose