Changes are coming to civil discovery in California.
Beginning January 1, 2027, parties to a civil case like a personal injury case, will have to provide an initial disclosure of certain information including witnesses, documents, and insurance information if it is demanded by any other party.
Specifically, SB 235 amends California Code of Civil Procedure section 2016.090. The new law applies to all cases filed on or after January 1, 2024 and remains in effect until January 1, 2027.
Each party that has appeared in a civil action would have to provide an initial disclosure within 60 days of a demand by any party unless modified by stipulation.
Currently, in order to get basic information, like key witnesses, from another party in a civil case, you would have to send interrogatories, requests for production, et cetera. Now you would just send a single initial disclosure request.
This puts California Civil Procedure more in line with Federal Civil Procedure which has a mandatory disclosure, FRCP 26. However, under the federal rule, the parties must make the disclosure without awaiting any discovery request.
Some attorneys might be upset with this new rule because it arguably creates more work. Responding to discovery can often be tedious. However, this is information you would likely have to produce in response to discovery anyway. I’ve also found that working on discovery can help me understand and prepare my case.
The rule may be more effective if it was similar to the federal rule and the disclosure was mandatory with the need for a demand.
