What is the discovery process in civil litigation?

The discovery process in civil litigation is the process of gathering evidence and information in a lawsuit. In California, the discovery process is regulated by the Code of Civil Procedure, which sets forth the rules for exchanging information and documents between parties in a civil lawsuit. The discovery process typically begins with each party sending out written requests for documents, information, and other evidence. These requests are made to the opposing party (also known as “discovery requests”). Examples of discovery requests include requests for the production of documents, requests for admissions, requests for interrogatories (questions that must be answered in writing), and depositions (oral examinations of witnesses). The parties may also be able to ask the court to issue a subpoena to third parties, such as banks, businesses, and other organizations, to provide evidence and documents. Once the discovery process is complete, each party has the opportunity to review the evidence and information gathered during the discovery process and use it to prepare for trial. If a party does not comply with the discovery process, the court may impose sanctions, including monetary fines, to ensure that the discovery process is respected. This encourages parties to comply with the rules and provides the parties with the information they need to prepare for trial.

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