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It’s a New Year and there are New Discovery Laws

By Katherine Gallo on April 11, 2023
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After reviewing the 2023 discovery statutes, there have been changes to the following statutes:

The most significant change in the 2023 discovery statutes is the repealing of C.C.P. 2016.080 Informal Discovery Conference. See discovery blog titled “If Meet and Confer fails, Ask for Help.”  Also, make sure to check your local rules and determine if your court will still use informal discovery conferences.

C.C.P. §2025.310        Deposition via remote means; Who must appear in person; Procedure

Added the second sentence to paragraph (b) which states: 

If a party or attorney of record elects to be physically present at the location of the deponent, all physically present participants in the deposition shall comply with local health and safety ordinances, rules, and orders.

C.C.P. §2029.200        Definitions

Added paragraph (b) which states: 

“Foreign penal civil action” means a civil action authorized by the law of a state other than this state in which the sole purpose is to punish an offense against the public justice of that state.

Redesignated former (b) through (e) as (c) through (f).

C.C.P. §2029.300        Issuance of subpoena by clerk of court

Added paragraph (e) which reads:

A subpoena shall not be issued if the submitted foreign subpoena relates to a foreign penal civil action and would require disclosure of information related to sensitive services. For purposes of this subdivision, “sensitive services” has the same meaning as defined in Section 791.02 of the Insurance Code.

C.C.P. §2029.350        Issuance of subpoena by local counsel

Added paragraph (b) which states:

(1) Notwithstanding subdivision (a), an authorized attorney shall not issue a subpoena pursuant to subdivision (a) if the foreign subpoena is based on a violation of another state’s laws that interfere with a person’s right to allow a child to receive gender-affirming health care or gender-affirming mental health care.

(2) For the purpose of this subdivision, “gender-affirming health care” and “gender-affirming mental health care” shall have the same meaning as provided in Section 16010.2 of the Welfare and Institutions Code.

Added paragraph (c) which reads

Notwithstanding subdivision (a), an attorney shall not issue a subpoena under this article based on a foreign subpoena that relates to a foreign penal civil action and that would require disclosure of information related to sensitive services. For purposes of this subdivision, “sensitive services” has the same meaning as defined in Section 791.02 of the Insurance Code.

Redesignated former paragraph (b) as (d).

My “California Civil Discovery—Charts for the Everyday Litigator” has been updated with the new changes.  

Katherine Gallo

Katherine Gallo is an expert in complex discovery issues and is actively involved in Alternative Dispute Resolution (ADR) as a Discovery Referee, Mediator and Arbitrator in Northern California since 1994. Ms. Gallo is known for her extensive discovery seminars, in house discovery training…

Katherine Gallo is an expert in complex discovery issues and is actively involved in Alternative Dispute Resolution (ADR) as a Discovery Referee, Mediator and Arbitrator in Northern California since 1994. Ms. Gallo is known for her extensive discovery seminars, in house discovery training, and go-to blog on pre-trial discovery. Since 2010, she has authored a on discovery titled www.resolvingdiscoverydisputes.com.

Ms. Gallo has served as a court appointed or party selected private Discovery Referee or Special Master in over 250 hotly litigated matters concerning complex issues in business, construction defect (including lines and construction operations losses), insurance, employment (including wrongful termination, discrimination, harassment, and wage and hour claims), elder abuse, real property (including eminent domain, easements, and commissions), Lemon Law, personal injury and family law, many with multiple party litigants, including class actions. Well known to the judiciary, her court appointments in complex matters have come from the Superior Courts throughout the State.

Ms. Gallo has mediated or acted as a pro tem settlement judge in over 500 matters with a 90% settlement rate. Ms. Gallo takes pride in accomplishing the parties’ and the courts’ objectives with regard to impartiality, timeliness and accuracy.

Read more about Katherine Gallo
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  • Posted in:
    E-Discovery
  • Blog:
    Resolving Discovery Disputes
  • Organization:
    Katherine Gallo, Esq.
  • Article: View Original Source

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