AND, ONLY after both AND depo rogs document production … If late when responding to waive all objections (obnoxious ?s become rogs permissible) AND grounds for mandatory sanctions Courts generally NOT involved in discovery, unless… (to challenge out-of-line discovery demand) Protective (if NO response) Motion to compel responses (if response is sent, BUT Motion to compel further responses inadequate) In Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare attorney does NOT show up for hearing on Consultants, motion to b/c responses sent before hearing… BUT, responses compel inadequate AND late court can still hear motion AND issue sanctions legend” in CA responding party has affirmative duty to update incomplete/incorrect discovery (YES in federal court, NOT in CA) In P sues D for asbestos exposure, D v. Exxon Mobil Corp., serves asking P to identify witnesses P can’t identify, SO D rogs moves for summary judgment… then, P presents declaration from undisclosed witness (unknown … at time of evidence NOT excluded (P survives rogs) summary judgment) D MAY seek for cost of monetary sanction summary judgment… BUT, D’s own fault P had NO obligation to disclose after … learning of undisclosed witness b/c D chose NOT to send supplemental rogs Depositions… In CA one BUT, unlimited, MAY extend to next day (10 depo/person… 7 hrs. each in federal) depos, 20-day waiting period (before sending out AND, depo notice)… day notice before itself… SO, 30 days from D’s service/ depo appearance before P MAY take any depo Mileage/location limitations court reporter, opposing counsel, translator paid for time (even if deponent does NOT show) Deponent must sign for potential perjury charge to if depo deponent lies AND signs, then MAY report to DA… BUT, NO other threats/negotiations (i.e. force settlement) Pros/cons of depos…
… AND, depo ONLY after both rogs AND document production If late when responding to rogs waive all objections (obnoxious ?s become permissible) AND grounds for mandatory sanctions Courts generally NOT involved in discovery, unless… Protective (to challenge out-of-line discovery demand) Motion to compel responses (if NO response) Motion to compel further responses (if response is sent, BUT inadequate) In Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants, attorney does NOT show up for hearing on motion to compel b/c responses sent before hearing… BUT, responses inadequate AND late court can still hear motion AND issue sanctions legend” in CA responding party has affirmative duty to update incomplete/incorrect discovery (YES in federal court, NOT in CA) In v. Exxon Mobil Corp., P sues D for asbestos exposure, D serves rogs asking P to identify witnesses P can’t identify, SO D moves for summary judgment… … then, P presents declaration from undisclosed witness (unknown at time of rogs) evidence NOT excluded (P survives summary judgment) D MAY seek monetary sanction for cost of summary judgment… … BUT, D’s own fault P had NO obligation to disclose after learning of undisclosed witness b/c D chose NOT to send supplemental rogs Depositions… In CA one depo/person… BUT, unlimited, MAY extend to next day (10 depos, 7 hrs. each in federal) 20-day waiting period (before sending out depo notice)… AND, notice before depo itself… SO, 30 days from D’s service/ appearance before P MAY take any depo Mileage/location limitations court reporter, opposing counsel, translator paid for time (even if deponent does NOT show) Deponent must sign depo for potential perjury charge to if deponent lies AND signs, then MAY report to DA… BUT, NO other threats/negotiations (i.e. force settlement) Pros/cons of depos… day