Cal. Litig. 2020, Volume 33, Number 2

Recent Legislative Changes Affect Long-Standing Pre-Trial Discovery Practice

By Hon. Allan Goodman, Judge of the Superior Court (Ret.)

Hon. Allan Goodman, now an arbitrator, mediator, and discovery referee with ADR Services, Inc., was a Los Angeles Superior Court Judge and periodically an Associate Justice Pro Tem on the Second District Court of Appeal from 1995 through 2019.

Two legislative changes made in 2019 have immediate impact on pre-trial discovery practice in California state courts. The first affects how lawyers respond to pre-trial requests for production of documents. The second, initially a more modest change, may be the harbinger of far greater changes in discovery practices, changes which eventually may align discovery practices in state courts with those long required in federal court civil actions. (See Fed. Rules Civ.Proc., rule 26, 28 U.S.C.)

Responding to Requests for Production of Documents Other than ESI

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