The following information is provided for educational purposes only and is not legal advice.
California largely adopts the Federal Rule of Civil Procedure, Rule 26(a)’s requirements for initial disclosure of witnesses, documents, and insurance.
AI4Discovery can create code-compliant Requests for Initial Disclosure in less than a minute.
Effective January 1, 2024, California Code of Civil Procedure, section 2016.090, allows any party to demand initial disclosures. Unlike FRCP Rule 26, which automatically requires disclosures, California only requires them if a party demands them.
As with other written discovery, a party may propound a supplemental demand twice before the initial setting of a trial date, and, subject to the time limits on discovery proceedings and motions, once after the initial setting of a trial date.
However, there are important differences from other written discovery, including 1) all represented parties, including the party the propounding party, must respond; 2) Respondents have 60 days to respond; and 3) Responses may be verified by the party, their representative, or their attorney.
AI4Discovery can create case-specific Form Interrogatories, Requests for Admission, Special Interrogatories, and Requests for Production of Documents in less than a minute.
Parties are not excused from providing initial disclosures because it hasn’t fully investigated the case, it challenges the sufficiency of another party’s disclosures, or because another party has not made its disclosures.
Unlawful detainer actions, small claims actions, actions under the Family or Probate codes, and actions where preference has been granted are exempt.
AI4Discovery can create authoritative Meet & Confer letters in less than a minute.
Here is a summary of the information to be disclosed:
1. Contact information of everyone likely to have discoverable information and the subjects of that information that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment. Disclosure of expert witnesses and retained consultants who may later be designated as expert witnesses is not required.
2. Copies, or descriptions by category and locations, of all documents, ESI, and tangible things in the disclosing party’s possession, custody, or control that it may use to support its claims or defenses, unless the use would be solely for impeachment.
3. Agreements and insurance policies that may obligate an insurance company to satisfy any part of a judgment or indemnify or reimburse payments made to satisfy a judgment.
4. Agreements and insurance policies that may obligate a third party to satisfy any part of a judgment or indemnify or reimburse payments made to satisfy a judgment.
