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.
- Interrogatories: