Can discovery be conducted in a collaborative law process?
Yes, discovery can be conducted in a collaborative law process in California. Discovery is the process by which parties to a legal dispute exchange information that could help resolve or settle the dispute. In California, parties to a collaborative law process can ask each other questions and produce documents that might help to settle the dispute. The most common types of discovery in a collaborative law process in California are written interrogatories, requests for production, and requests for admissions. Written interrogatories are sets of written questions that each party must answer in writing under oath. Requests for production are demands to produce documents, photographs, and tangible objects that are related to the dispute. And requests for admissions are requests to admit certain facts that both parties agree to be true. All of the discovery conducted in a collaborative law process in California must be considered relevant to the dispute and must be used for the purpose of resolving the dispute. The parties are expected to act in good faith and refrain from using the discovery process to harass or intimidate the other party. Discovery in a collaborative law process should allow the parties to identify and negotiate the true issues in dispute with the intention of reaching an early and efficient resolution.
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