SB 235: Streamlining Civil Discovery Procedures in California

SB 235: Enhanced Discovery Requirements in California Civil Procedure

The legislative landscape of California's civil procedures continues to evolve, with SB 235 introducing significant modifications. Taking a cue from the Federal Rules of Civil Procedure, SB 235 mandates the exchange of initial disclosures among all parties involved in a civil action within the state court. This exchange should occur within 60 days following any party's request, unless an alternate timeline has been agreed upon.

Specifically, the required disclosures encompass:

1. Identification and contact details of individuals believed to possess relevant information, and a description of this information.
2. A comprehensive list or description of all supporting documents, either bolstering a party's claims or defenses or deemed relevant to the action in question.
3. Disclosure of any contractual terms or insurance policies that might be invoked to settle a judgment related to the action. This could involve satisfying the judgment itself or reimbursing payments made towards it.

It's worth noting that documents reserved strictly for impeachment purposes are exempted from these disclosure mandates.

Furthermore, SB 235 amplifies the penalties for non-compliance or failure to engage in good faith during the discovery process. Specifically, fines for not responding in good faith to a document request, not earnestly trying to resolve discovery disputes, or not producing essential documents within a week following a motion to compel discovery due to an uncooperative response have been raised from $250 to $1,000.

The aforementioned changes come as a result of amendments to Sections 2016.090 and 2023.050 of the Code of Civil Procedure.