Failure to comply with discovery obligations may result in sanctions. Sanctions are actions taken by the Administrative Judge to penalize a party that fails to comply with their orders or other legal obligations.
The discovery rule is a rule of equity that provides, in appropriate cases, that a personal injury claim does not accrue until an injured person discovers, or should discover by exercise of reasonable diligence, that he or she has a claim.
Steps Of The Discovery Process. There are four key actions in the discovery process which include interrogatories, request for documents, request for admissions, and depositions.
If the parties are having a dispute, either party can file a motion with the court asking the judge to order the other side to respond to discovery requests or punish the other side for failing to respond to discovery requests or for making unreasonable discovery requests.
The discovery rule is a rule of equity that provides, in appropriate cases, that a personal injury claim does not accrue until an injured person discovers, or should discover by exercise of reasonable diligence, that he or she has a claim.
Parties usually send their discovery requests and responses to the other party electronically, by email. But, parties may also send or respond to discovery requests by U.S. mail or a parcel service. Discovery requests and responses should not be sent to the Administrative Judge, except to support a motion.
The California discovery rule stops the clock on the statute of limitations until the plaintiff either finds out about the cause of action or has a good reason to do so. This rule comes into play when the plaintiff didn't realize, and a reasonable person wouldn't have realized, that they were harmed.