Discovery Process to Get Evidence From Other Side Category: Courts and Procedure
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Discovery is the formal process parties use to a case gather information and evidence from each other in preparation for trial. Parties are entitled to demand information "reasonably calculated to lead to admissible evidence."
Discovery procedures take place outside of court and the paperwork is only filed if the parties cannot resolve disputes between themselves.
Discovery: Gather Information for your Case
Discovery is a formal legal process through which parties to a case gather information and evidence from each other. This can be the most important step in a case because it allows the parties to obtain the information and evidence needed to present their arguments; to determine what evidence the...
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Courts and Procedure
Claim Opposing Forfeiture
Background The procedure described in this guide is used to ask for the return of property that may be forfeited as proceeds of criminal activity. If your property is the subject of forfeiture proceedings, you will be notified. In Sacramento County, if the property is taken at the time of arrest,...
Read MoreDiscovery: Business Records Subpoena
Parties in a lawsuit can use a “business records subpoena” to obtain records and information from non-party witnesses* such as banks, employers, or police departments. (Cal. Code of Civil Procedure (CCP) § 2020.410.) The procedure requires several steps and takes a month or more, so start early. * If you...
Read MoreDiscovery: Depositions
Background A deposition is the taking of a statement of a witness or party under oath. The deposing party (the “asking” person) may ask the deponent (the “responding” person) questions to obtain information, to discover what the party knows about a situation or event, and to determine what their testimony...
Read MoreDiscovery: Exchange of Expert Witness Information
Background After a trial date is set, any party may demand the simultaneous exchange of information about the expert witnesses all other parties intend to have testify at trial. California Code of Civil Procedure (CCP) § 2034.210(b) defines “experts” as parties, employees of a party, or witnesses who have been...
Read MoreDiscovery: Form Interrogatories
Background Interrogatories are written questions sent by one party to another, which the responding party must answer under penalty of perjury. Interrogatories allow the parties to ask who, what, when, where and why questions, making them a good method for obtaining new information in a case. There are two types of interrogatories: form...
Read MoreDiscovery: Requests for Admission
Background Requests for admission are used to ask another party to admit that certain facts are true, or that certain documents are authentic. If admitted as true or authentic, these facts and documents do not need to be proven or authenticated at trial. This helps narrow the scope of controversy...
Read MoreDiscovery: Request for Production of Documents and Things
Step-by-Step Guides on Making Discovery Requests Form Interrogatories Requests for Admission Special Interrogatories Step-by-Step Guides on Responding to Discovery Responding to Interrogatories Responding to Requests for Admission Responding to Requests for Production Other Guides on Discovery Depositions Exchange of Expert Witness Information Gather Information for your Case Related Videos Introduction...
Read MoreDiscovery: Responding to Requests for Admissions
Background Requests for admission are used to ask another party to admit that certain facts are true, or that certain documents are authentic. If admitted as true or authentic, these facts and documents do not need to be proven or authenticated at trial. This helps reduce the number of disputed...
Read MoreDiscovery: Responding to Interrogatories
Background Interrogatories are written questions sent by one party to another, which the responding party must answer under penalty of perjury. Interrogatories allow the parties to ask who, what, when, where and why questions, making them a good method for obtaining new information. You may also need… Step-by-Step Guides on...
Read MoreDiscovery: Responding to Requests for Production or Inspection
Background Requests for production may be used to inspect and copy documents or tangible items held by another party. Although these requests are most commonly used to obtain copies of documents, they can also be used to test, measure, photograph, etc., any type of physical evidence in the other party’s...
Read MoreDiscovery: Special Interrogatories
Background Interrogatories are written questions sent by one party in a lawsuit to another party in that same suit, which the responding party must answer under penalty of perjury. Interrogatories allow the parties to ask who, what, when, where and why questions, making them a good method for obtaining new...
Read MoreMotion to Compel Discovery Responses
Background Sometimes, as you conduct discovery in your civil case, the opposing side fails to respond to your formal discovery requests. If the opposing side does not respond to your form interrogatories, special interrogatories, or request for production, you may file a motion seeking an order compelling the opposing party...
Read MoreMotion to Deem Facts Admitted
Background During discovery, each party may serve one or more sets of Requests for Admissions, asking the opposing side to admit that that one or more facts are true or one or more documents are genuine. If a party admits a fact, or admits that a document is genuine, that...
Read MoreRelief from Admissions
Background During discovery, each party may serve one or more sets of requests for admissions, asking the opposing side to admit that one or more facts are true or one or more documents are genuine. If a party admits a fact, or admits that a document is genuine, that fact,...
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