CCP 2017.220 Sexual harassment/assault/battery cases – Need court order - must show good cause for discovery, and that matter is relevant and reasonably calculated to lead to discovery of admissible evidence Monetary sanction who unsuccessfully makes or opposes this motion (unless substantial justification) CCP 2018.010 Evidence Code definition of client applies – CCP 2018.020 Protect privacy of atty to investigate unfavorable aspects – while preparing for trial CCP 2018.030 Writing with atty impressions, conclusions, opinions, or – legal research or theories is never discoverable All other atty work product is not discoverable unless court determines it will unfairly prejudice party This chapter only supplements existing work product CCP 2018.040 – doctrine law CCP 2018.050 When law enforcement agency or public prosecutor brings – action for atty knowingly participating in crime or fraud, work product not protected CCP 2018.060 Atty can request in camera hearing – CCP 2018.070 State Bar can discover work product when disciplinary – charges (subject to protective order limiting use to disciplinary investigations) CCP 2018.080 No work product privilege in action between atty and client – or former client, if work product is relevant to atty’s breach Rutter 8:23–8:57.1 D’s financial condition for punitive damages. CCP 3295(c) Need leave of court, which will be granted only if substantial probability that P will prevail on merits Protective relief Discovery device can be restricted in terms of frequency and extent of use. CCP 2019.030(a). general statute CCP 2030.090(b) governs interrogatories Court can make any order that justice requires to protect any party or other natural person from embarrassment, undue burden, or expense Can get almost anything in a protective order Not discoverable: Psychological condition, financial condition, past sexual activity, emails stored on ISP facilities Ethical concerns, discovery abuse, sanctions CCP 2023.010 Misuses of discovery – Persisting, over objection, and without substantial justification, in an attempt to obtain information or materials outside of discovery discovery in a manner that does not comply with specified procedures
CCP 2017.220 – Sexual harassment/assault/battery cases Need court order - must show good cause for discovery, and that matter is relevant and reasonably calculated to lead to discovery of admissible evidence Monetary sanction who unsuccessfully makes or opposes this motion (unless substantial justification) CCP 2018.010 – Evidence Code definition of client applies CCP 2018.020 – Protect privacy of atty to investigate unfavorable aspects while preparing for trial CCP 2018.030 – Writing with atty impressions, conclusions, opinions, or legal research or theories is never discoverable All other atty work product is not discoverable unless court determines it will unfairly prejudice party CCP 2018.040 – This chapter only supplements existing work product doctrine law CCP 2018.050 – When law enforcement agency or public prosecutor brings action for atty knowingly participating in crime or fraud, work product not protected CCP 2018.060 – Atty can request in camera hearing CCP 2018.070 – State Bar can discover work product when disciplinary charges (subject to protective order limiting use to disciplinary investigations) CCP 2018.080 – No work product privilege in action between atty and client or former client, if work product is relevant to atty’s breach Rutter 8:23–8:57.1 D’s financial condition for punitive damages. CCP 3295(c) Need leave of court, which will be granted only if substantial probability that P will prevail on merits Protective relief Discovery device can be restricted in terms of frequency and extent of use. CCP 2019.030(a). general statute CCP 2030.090(b) governs interrogatories Court can make any order that justice requires to protect any party or other natural person from embarrassment, undue burden, or expense Can get almost anything in a protective order Not discoverable: Psychological condition, financial condition, past sexual activity, emails stored on ISP facilities Ethical concerns, discovery abuse, sanctions CCP 2023.010 – Misuses of discovery Persisting, over objection, and without substantial justification, in an attempt to obtain information or materials outside of discovery discovery in a manner that does not comply with specified procedures