The California Discovery Act of 1986 was intended to reduce what were by then legendary discovery abuses—hundreds of interrogatories propounded for no reason other than to harass, motions to compel brought for the same reason—that provided grenades for those who wanted to win by wearing out or overpowering the opposition.
Written discovery still has a bad name. Sometimes it seems meet and confer letters, ironically, have only added to the arsenal; one legal writer, Ed Sangster, has referred to this as “death, by meet and confer.” The limit of 35 special interrogatories wilts before the boilerplate declaration of necessity. Here are suggestions to help you keep a sense of perspective, and to emerge with your sense of humor and honor intact.
Think long-term and pick your battles
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
