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California Written Discovery

California Written Discovery

If you are involved in a personal injury lawsuit in California, you may hear your lawyer use the phrase: written discovery. Written discovery is essential in any California personal injury case because it helps legal teams identify key facts, documents, and witnesses that may be relevant to the case. The process can also help you and your California personal injury attorney assess the strength of your case and the potential strengths and weaknesses of the other party’s case.

Written discovery can save you time and money by preventing unnecessary litigation. When both parties share information, they can more accurately negotiate and attempt to settle out of court.

What is the Process of Written Discovery in California?

The California Code of Civil Procedure governs the written discovery process in the state and outlines the rules and procedures legal teams must follow. The rules ensure that everyone involved in the lawsuit has access to the information they need to build their case while also protecting the privacy and confidentiality of sensitive information.

The purpose of written discovery is to allow each party to gather information and evidence to support their case and prepare for trial. It is an important part of the pre-trial process in civil litigation and can help parties settle without needing to go to court.

During the written discovery process in California, you can request and obtain relevant information and evidence from the other party by sending requests for documents, admissions, inspections, and interrogatories. The defendant and their legal team can do the same.

Written discovery is complex and requires following specific rules and procedures. For this reason alone, you should have an experienced California personal injury lawyer handling your case.

What Are Types of California Written Discovery

In California, several types of written discovery can be used during the pretrial phase of a civil lawsuit, including:

  • Interrogatories: Interrogatories are questions used to gather information about the event, witnesses, and evidence. If you receive interrogatories, you must answer these questions in writing and under oath. In personal injury cases, interrogatories can include questions about the incident, the injuries sustained, the medical treatment received, and the damages claimed.
  • Requests for Admissions: Requests for Admissions can help legal teams narrow the issues in dispute and to establish key facts. When you admit the statement, it is considered a fact for the purposes of the lawsuit. In personal injury cases, requests for admissions can include statements about liability, causation, and damages.
  • Requests for Production of Documents: Sometimes your lawyer may need to inspect or copy specific documents. When this occurs, they can send a Requests for Production of Documents to obtain evidence presented at trial, such as contracts, emails, or medical records. In a personal injury case, requests for production of documents can include medical records, bills, and employment records.
  • Requests for Inspection: If your lawyer or the opposing counsel wants to inspect physical property or items that are relevant to the lawsuit, they must submit a request for inspection. Requests for Inspection are often used to obtain evidence that will be presented at trial. This could include a damaged vehicle, blown tire, or defective product.

Can I Object to Written Discovery Requests?

Yes! In California, anyone can object to a written discovery requests in a lawsuit if they follow specific rules and procedures when filing their objection.

To object to a written discovery request, you must file your objection within 30 days of being served. You must also clearly state your objection and the reasons why you object.

Common objections to discovery requests in California include:

  • The request is irrelevant to the case
  • The request is overly broad or burdensome
  • The request seeks privileged or confidential information
  • The request is vague or ambiguous
  • The request is harassing or oppressive

You objection to the written discovery request may not be granted by the court, however. If you object to a discovery request, the requesting party can file a motion to compel, asking the court to order you to provide the requested information.

Contact Our San Bernardino Personal Injury Lawyers Today Serving all of Southern California

If you or someone you love suffered an injury in an accident in San Bernardino, we can help you through every phase of the claim and lawsuit process. From negotiating with insurance companies to litigation in court, we are here to help. Our law firm wants to make it easy for you to get the support you need after an accident. Simply call our law firm at (909) 890-1000 or fill out our confidential contact form today, and we’ll call you back.

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