Informal Discovery Conferences (IDCs): Repealed Yet Still Practiced
14 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the purpose of Informal Discovery Conferences (IDCs)? (1 point)

  • To assess financial penalties for discovery violations
  • To avoid filing motions to compel further discovery (correct)
  • To mandate compliance with all discovery requests
  • To conduct formal trials for discovery disputes
  • What is a common issue associated with motions to compel? (1 point)

  • They automatically benefit both parties equally
  • They are always resolved within the same day
  • They usually have clear and straightforward outcomes
  • They require excessive documentation and preparation (correct)
  • What should attorneys bring to an IDC session to be effective? (1 point)

  • The court's schedule for the next month.
  • Proposals for new legislation.
  • A list of all pending cases.
  • Authority to resolve all pending discovery issues. (correct)
  • What is a common reason parties might file a motion to compel despite good faith efforts to resolve a discovery issue? (1 point)

    <p>To preserve their rights as the deadline approaches.</p> Signup and view all the answers

    What is a requirement for attorneys attending an IDC in the specified courtroom? (1 point)

    <p>They must have knowledge of the case and authority to resolve issues.</p> Signup and view all the answers

    What should attorneys do if they encounter a disagreement on a discovery schedule during litigation? (1 point)

    <p>Meet and confer in good faith to resolve the issue.</p> Signup and view all the answers

    What might happen if an attorney without authority attends an IDC? (1 point)

    <p>It may cause delays and be considered a waste of time.</p> Signup and view all the answers

    What must attorneys do before going to CRS or contacting the judicial assistant? (1 point)

    <p>Agree on dates for an IDC</p> Signup and view all the answers

    Despite the CCP repeal of the provision on IDCs since 01 January 2023, and the Rules of Court pre-emption of local rules relating discovery, there are still local rules and departmental rules that require or allow IDCs. (1 point)

    <p>True</p> Signup and view all the answers

    Local and local-local rules on IDCs vary. A certain court or judge may require IDCs, while another may not. (1 point)

    <p>True</p> Signup and view all the answers

    IDCs may be scheduled unilaterally, provided that the opposing party is timely served with a notice.

    <p>False</p> Signup and view all the answers

    The CCP provision on IDCs has been repealed. Therefore, are all local and departmental rules likewise repealed or invalidated by operation of law? Explain. (3 points)

    Signup and view all the answers

    Look for the Departmental Rules applicable to the case of Tyneisha Kenyetta Stewart (active FLF Lit case). Once you have found the rules, look for the provision on IDCs. Copy the relevant paragraph/s and paste below in the answer box. (5 points)

    Signup and view all the answers

    What does this mean: "Discovery is essentially self-executing"? (1 point)

    <p>Parties are expected to make reasonable and good faith efforts to resolve disputes informally before seeking judicial intervention</p> Signup and view all the answers

    Study Notes

    Informal Discovery Conferences

    • Informal Discovery Conferences (IDCs) are an effective way to resolve discovery disputes, avoiding lengthy and costly motions to compel.
    • Prior to 2018, there was no established procedure for scheduling or extending deadlines for IDCs.
    • Parties could struggle to resolve discovery issues through negotiation, especially with scheduling conflicts.
    • California Code of Civil Procedure (CCP) section 2016.080 now allows courts to order IDCs to discuss discovery disputes, facilitating quick resolution.
    • Courts can extend deadlines during IDCs using CCP section 2016.080(c)(2).
    • IDCs, when held, automatically extend the deadline to file a motion to compel further by 2 weeks.
    • Judicial assistance is crucial in scheduling IDCs - especially for cases where attorneys cannot agree on dates themselves.
    • Each judge handles IDCs differently. Some do not conduct them for self-represented litigants or when there's no response to a discovery request.
    • Attorneys must be prepared with authority to resolve discovery issues at the IDC. It's crucial to prepare beforehand and bring necessary documentation, such as witness calendars.
    • Parties seeking IDCs must file a declaration explaining prior attempts to resolve disputes via CCP Section 2016.040.
    • The IDC form (LACIV094) requires a brief description of the discovery dispute. Focus on the nature of the dispute, not the recalcitrance of the other party. Use categories to address multiple items efficiently.
    • IDCs can resolve issues leading up to motion to compel further, discovery scheduling, or objections.
    • Judges can offer advice on likely rulings based on the facts presented at the IDC.
    • Judges find IDCs effective for streamlining discovery and reducing the burden on the court.
    • Attorneys should be aware that each judge handles IDCs differently.

    Scheduling IDCs

    • In Los Angeles Superior Court, IDCs are scheduled through the Court Reservation System (CRS).
    • If there's difficulty scheduling through CRS, it's appropriate to contact the judicial assistant.
    • IDCs are often held before or after regular court hours.
    • Judges aim for flexibility in scheduling.
    • IDCs should occur before, or in tandem with motions to compel further.

    IDC Benefits

    • IDCs save time and cost by avoiding formal motions to compel.
    • They allow for informal discussion of discovery issues with the judge.
    • Judges can suggest ways to simplify discovery procedures, streamlining the process for all parties.
    • IDCs can lead to a resolution of complex disputes.
    • IDCs benefit solo practitioners by helping level the playing field compared to law firms.
    • IDCs often resolve discovery issues before formal motions are necessary, conserving courtroom time and resources.

    IDC Importance

    • Judges value the efficiency and cost-savings associated with IDCs.
    • IDCs offer a way to streamline the discovery process, potentially leading to early settlements or well-defined issues prior to formal proceedings.
    • IDCs reduce the workload on judges and the courts by resolving disputes early.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Description

    This quiz focuses on Informal Discovery Conferences (IDCs) as a method for resolving discovery disputes in California. It covers the legal framework established by the California Code of Civil Procedure and local rules, and how it facilitates quicker resolutions. Test your knowledge about scheduling, extensions, and the role of judges in IDCs.

    More Like This

    Use Quizgecko on...
    Browser
    Browser