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© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION OBTAINING AND USING TANGIBLE EVIDENCE
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2 REQUESTS FOR INSPECTION Written request for inspection of documents or things By parties to parties Written response under oath, and production by respondent
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3 DOCUMENT REQUESTS REQUESTS FOR PRODUCTION DOCUMENT REQUESTS REQUESTS FOR PRODUCTION REQUESTS FOR INSPECTION
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4 DEMAND RULES State Court 1. At any time after hold 2. Complete before cutoff 3. No limit on number of sets or items sought
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5 DEMAND FORMAT 1. Caption and heading 2. Items described in categories, reasonable particularity 3. Recite any testing, copying 4. State time and place for production (30–35 days notice)
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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Alma Howardson, Esq. SBN 95309 1234 Main St. Vista View, CA 99999 555-555-5555 Attorney for Plaintiff Smith SUPERIOR COURT OF MOUNTAIN COUNTY James Smith, plaintiff,)Case No. 12345-6 v. ) Robert Jones, and Does)REQUEST FOR PRODUCTION OF) 1-5, defendants.)DOCUMENTS AND THINGS _____________________ )Propounded by: Plaintiff Propounded to: Defendant Set No. One
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7 16 17 18 19 20 21 22 23 24 25 26 Pursuant to the Code of Civil Procedure §2031, plaintiff James Smith, requests that defendant, Robert Jones, produce the documents and things described in exhibit A attached hereto, at 10:30 a.m. on June 28, 2004 to plaintiff's counsel. Alma Howardson, Esq., 1234 Main St., Vista View, CA 99999 (555-555-5555). The documents will be photocopied, and non- destructive testing, including the removal of paint samples, will be performed by plaintiff’s agent. May 28, 2004_________________ Alma Howardson, Esq. Attorney for Plaintiff ______________________ Smith v. Jones Plaintiff’s Interrogatories, Set Twopage 1
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8 RESPONSE 1. Written verified response 2. Production of items
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9 RESPONSE FORMAT 1. Caption and heading 2. Objections, if any 3. Agreement to produce, or 4. Inability to produce
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10 PRIVILEGE LOG Description of privileged documents withheld Permits motion to compel to test privilege
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11 IF NO RESPONSE 1. Objections waived 2. No meet and confer 3. No time limit for motion to compel 4. Sanctions if “frivolous”
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12 IF INADEQUATE RESPONSE 1. Meet and confer required 2. Motion to compel further response within 45–50 days 3. Sanctions if “frivolous”
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13 DEMAND RULES Federal Court Same as state court except: 1. No hold at outset 2. 30–33 days’ notice 3. No time limit for motion to compel further response
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14 RESPONSE Federal Court Same as state court except response not verified.
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15 OBTAINING TANGIBLE EVIDENCE FROM THIRD PARTIES Subpoena duces tecum With/without deposition testimony
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16 THE PRODUCTION Responding party produces: Evidence sought In condition kept Categories as described in notice Exclusive of privileged documents
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17 ORGANIZING DOCUMENTS EVERY DOCUMENT MUST HAVE A UNIQUE NAME!
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18 ORGANIZING DOCUMENTS Keep master copy Identify documents Index Copy for witness and issue files Analyze in context
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19 SUMMARY Requests/Subpoenas, Unique Names PREVIEW Independent Medical Examinations SUMMARY Requests/Subpoenas, Unique Names PREVIEW Independent Medical Examinations
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