CALIFORNIA CIVIL LITIGATION OBTAINING AND USING TANGIBLE EVIDENCE

1. CALIFORNIACIVILLITIGATIONOBTAINING AND USING TANGIBLE EVIDENCE © 2005 by Thomson Delmar Learning. All Rights Reserved.

2. REQUESTS FOR INSPECTION • Written request for inspection of documents or things • By parties to parties • Written response under oath, and production by respondent

3. REQUESTS FOR INSPECTION DOCUMENT REQUESTS REQUESTS FOR PRODUCTION

4. DEMAND RULES State Court • At any time after hold • Complete before cutoff • No limit on number of sets or items sought

5. DEMAND FORMAT • Caption and heading • Items described in categories, reasonable particularity • Recite any testing, copying • State time and place for production (30–35 days notice)

6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Alma Howardson, Esq. SBN 95309 1234 Main St. Vista View, CA 99999 555-555-5555 Attorney for Plaintiff Smith SUPERIOR COURT OF MOUNTAIN COUNTY James Smith, plaintiff, ) Case No. 12345-6 v. ) Robert Jones, and Does ) REQUEST FOR PRODUCTION OF ) 1-5, defendants. ) DOCUMENTS AND THINGS _____________________ ) Propounded by: Plaintiff Propounded to: Defendant Set No. One

7. 16 17 18 19 20 21 22 23 24 25 26 Pursuant to the Code of Civil Procedure §2031, plaintiff James Smith, requests that defendant, Robert Jones, produce the documents and things described in exhibit A attached hereto, at 10:30a.m. on June 28, 2004 to plaintiff's counsel. Alma Howardson, Esq. , 1234 Main St., Vista View, CA 99999 (555-555-5555). The documents will be photocopied, and non-destructive testing, including the removal of paint samples, will be performed by plaintiff’s agent. May 28, 2004 _________________ Alma Howardson, Esq. Attorney for Plaintiff ______________________ Smith v. Jones Plaintiff’s Interrogatories, Set Two page 1

8. RESPONSE • Written verified response • Production of items

9. RESPONSE FORMAT • Caption and heading • Objections, if any • Agreement to produce, or • Inability to produce

10. PRIVILEGE LOG • Description of privileged documents withheld • Permits motion to compel to test privilege

11. IF NO RESPONSE • Objections waived • No meet and confer • No time limit for motion to compel • Sanctions if “frivolous”

12. IF INADEQUATE RESPONSE • Meet and confer required • Motion to compel further response within 45–50 days • Sanctions if “frivolous”

13. DEMAND RULES Federal Court Same as state court except: • No hold at outset • 30–33 days’ notice • No time limit for motion to compel further response

14. RESPONSE Federal Court Same as state court except response not verified.

15. OBTAINING TANGIBLE EVIDENCE FROM THIRD PARTIES • Subpoena duces tecum • With/without deposition testimony

16. THE PRODUCTION Responding party produces: • Evidence sought • In condition kept • Categories as described in notice • Exclusive of privileged documents

17. ORGANIZING DOCUMENTS EVERY DOCUMENT MUST HAVE A UNIQUE NAME!

18. ORGANIZING DOCUMENTS • Keep master copy • Identify documents • Index • Copy for witness and issue files • Analyze in context

19. SUMMARYRequests/Subpoenas, Unique Names PREVIEW Independent Medical Examinations