What Is the Discovery Cut-off in a California Civil Litigation Case?

Discovery is a process used in lawsuits to obtain information or evidence from the opposing party that can help you build a stronger case. However, to obtain this information, you must follow specific procedures and ensure you request the documents before time runs out. To better understand this process, in the below post, we will review what discovery is and the key dates to remember.

What Is Discovery?

Discovery is a legal process where parties exchange information about their respective witnesses and the evidence they plan to present at trial. The main goal of discovery is to inform the parties of the evidence that may be presented before the trial begins. This helps to prevent any party from being caught off guard at trial, which may happen when one side surprises the other with evidence or witnesses during the trial, giving them no time to prepare a response.

The Timeframe for Discovery

The deadline for completing discovery, known as the discovery cutoff, is typically set 30 days before the trial date. However, this deadline can be extended if both parties agree or if the court orders an extension. 

It is important to note that the other party has 30 days to respond to the discovery requests. That is why parties generally send requests at least several months before the cutoff date to allow time for motions in case of a discovery dispute.

As a plaintiff, you will be able to begin discovery 10 days after you serve the first papers in the legal claim or at any point after the defendant files a response. In comparison, the defendant may begin the discovery process as soon as the case is filed. 

Different Types of Discovery

When it comes to discovery, there are many different types, including:

• Requests for admissions, which ask the other side to admit that there are certain facts or items that are true or authentic 
• Production of documents, which asks the other side to produce documents or allow physical evidence, or permit inspection
• Interrogatories, which are used to ask the other side to answer a set of questions
• Depositions, which involve taking sworn, out-of-court oral testimony to use in court or for discovery purposes

Learn More About Discovery in a California Civil Case, Contact Herrera Clifton Hess Today

At Herrera Clifton Hess, our clients’ needs and best interests always come first. We understand that civil litigation matters can be extremely personal and can impact your personal and professional life. That is why we provide dedicated and loyal legal support to stand by your side through this challenging process. Whether you are dealing with contract litigation or personal injury lawsuits, our civil litigation attorneys are well-equipped to represent both plaintiffs and defendants. We can work closely with you to create a legal strategy that is tailored to your unique goals and interests.

If you want to discuss your legal case or need further information about the discovery process, contact Herrera Clifton Hess today to schedule a consultation with an experienced civil litigation attorney on our team.