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What is the scope of permissible discovery?

San Diego, CA |

CCP 2032.010 refers to “information or materials that are outside the scope of permissible discovery.” Generally and essentially, what is within that scope?

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Attorney answers 2


California Code of Civil Procedure section 2017.010 provides as follows: "Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of
admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, tangible thing, or land or other property." That is the code section that governs the scope of discovery. Please note that "appears reasonably calculated to lead to the discovery of admissible evidence" is a very broad standard that goes well beyond what is strictly relevant.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I agree with attorney Pedersen's response. For more detailed information, take a look at Subchapter 8C in the practice guide "Civil Procedures Before Trial" published by The Rutter Group. Be sure to consult your own attorney to protect your legal rights.