By Katherine Gallo on April 11, 2023
Reposted with permission of the author.
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 is a renowned expert in complex discovery issues, having developed a reputation with her extensive discovery seminars, in-house discovery training and in-depth articles on the discovery process.
Categorized in: Legal Procedure
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