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How does the discovery process work in car accident litigation?

Discovery is a process within a lawsuit where both sides present their evidence and gather information before the trial. In California, the discovery process follows the rules of the California Code of Civil Procedure (CCP): 

  • Start of discovery: Discovery starts when the defendant files an answer to the lawsuit, though it must be completed 30 days before the trial unless the court has granted you an extension. 
  • Discovery tools:
    • Interrogatories:
      • Form Interrogatories: questions for common cases 
      • Special Interrogatories: questions for specific cases. A party can send in 30 special Interrogatories. 
    • Requests for productions of documents
      • Each party can ask for personal documents such as medical records, insurance policies, accident reports, etc. the other party has 30 days to provide the request
    • Depositions
      • Witnesses are questioned under oath and can only last a max of 7 hours. This must be done at least 15 days before the trial.
    • Requests for admissions
      • Each side can admit or deny any specific fact to simplify the trial
    • Independent Medical Examination (IME)
      • If there were any injuries, the defense can request a medical examination and the plaintiff must be there unless they give a viable reason why they can’t be there. The examination must take place within 75 miles of the plaintiff. 

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