Can a discovery order be appealed?

Asked about 1 year ago - Pasadena, CA

If I am a party to a civil lawsuit, and the other side was granted a protective order regarding something that has to do with discovery, can I appeal that order or does it have to be through a writ of mandate, or some other writ? And how many days do I have to file, if it has to be a writ?

Attorney answers (3)

  1. Herb Fox

    Contributor Level 16

    4

    Lawyers agree

    Answered . This is not an appealable order. You would need to file a writ petition, which is a request for discretionary review. You generally have 60 days to file the petition, but in practical terms you must file it as soon as possible and ask the court of appeal for an immediate stay pending its preliminary consideration of the merits.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Discovery orders are not generally appealable and can only be reviewed by writ. Writ petitions are usually a waste of time as 9 out of 10 are summarily denied. How much time do you have?

    You would need to serve and file the petition in sufficient time to allow the court to rule on it BEFORE the order goes into effect. If it is a self executing forthwith order, you need to do it ASAP and certainly within 60 days of entry of the order, provided there is no shorter applicable statutory time. For more information on writ petitions this guide may be helpful:
    http://www.courts.ca.gov/documents/6DCAproc.pdf

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Harry Edward Hudson Jr

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Procedure would be a writ as that is the proper mechanism for a higher court to review a lower court decision. Time is short to do one. Believe most are denied without a hearing on pleadings by the opposition. A writ is time consuming. Suggest you evaluate the court's order. Ask your attorney. [No attorney. If you are involved in litigation where the opposition has counsel who is aggressively representing client, you need counsel as well.]

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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