I think you’d have a hard time finding any attorney who enjoys the process of written discovery. The process is unpleasant, especially when dealing with a stubborn party or counsel. The costs can be staggering. It gets even more unpleasant when disputes arise. Depositions (as opposed to written discovery) can be fun, but the fun goes away once a dispute arises. You may be able to ease the pain somewhat by consulting the Resolving Discovery Disputes blog run by Foster City attorney Katherine Gallo. I ran across it the other day and, after reading the post I had found in my internet search, kept reading post after post, finding them…
A Pair of Interesting Posts on Discovery
Cal Biz Lit has a pair of interesting posts regarding civil discovery in California. The first links to a white paper on the subject written with the non-California lawyer in mind. The second answers whether a party, in light of the fact that form interrogatories have already been approved by the Judicial Council, may nonetheless object to a form interrogatory.
Judicial Performance Commission Records Not Discoverable
In Commission on Judicial Performance v. Superior Court, case no. B201251 (2d Dist. Oct. 29, 2007), the court of appeal holds that records of the Commission on Judicial Performance are not discoverable. Its holding appears absolute, regardless of circumstances. Felony defendant Davidson had his suppression motion denied by Judge Schwartz. Davidson filed a complaint against Judge Schwartz with the Commission, then was convicted after his case was transferred to another judge. In connection with his motion for a new trial, he filed a Pitchess motion (Pitchess v. Superior Court (1974) 11 Cal.3d 531) for records from the Commission concerning Judge Schwartz. The trial court ordered the records produced for in…