Informal Discovery Conference (IDC) PDF

Informal Discovery Conference (IDC) Statutorily Repealed Yet Still Practiced Luis General 22 Nov 2024 What is an Informal Discovery Conference? šAlso known as “IDC” šA procedural step designed to facilitate the...

Informal Discovery Conference (IDC) Statutorily Repealed Yet Still Practiced Luis General 22 Nov 2024 What is an Informal Discovery Conference? šAlso known as “IDC” šA procedural step designed to facilitate the resolution of discovery disputes without the need for formal motions šUsually MTCFRs What is an Informal Discovery Conference? šPurpose: To provide a forum where parties can discuss their discovery issues with the court in an informal setting šUltimately: To eliminate discovery dispute issues šUsually before the judge of the department where your case is assigned Typical Timeline Where IDC Is Required Provided Dispute ¡See Local and Local-Local Rules! Complete Resolved Responses Agreement to Provide Remained Last- Further Incomplete, Ditch Responses Evasive M&C Boilerplate No Disco Disco objections; Meet & compromise/ Requests Requests evasive or concessions IDC MTCFR Propounded Responded incomplete Confer (M&C efforts IF required and other disputes responses exhausted) by rules IF allowed by rules Compromise/actual Genuine concessions objections; complete and responsive Dispute answers Resolved / No Dispute CCP Provision on IDCs  CA Civ Pro Code § 2016.080 (a) If an informal resolution is not reached by the parties, as described in Section 2016.040, the court MAY conduct an informal discovery conference upon request by a party OR on the court’s own motion for the purpose of discussing discovery matters in dispute between the parties. (b) If a party requests an informal discovery conference, the party shall file a declaration described in IDC: Statutory Basis Section 2016.040 with the court. Any party may file a response to a declaration filed pursuant to this subdivision. If a court is in session and does not grant, deny, or schedule the party’s request within 10 calendar days after the initial request, the request shall be deemed denied. (c) (1) If a court grants or orders an informal discovery conference, the court may schedule and hold the conference no later than 30 calendar days after the court granted the request or issued its order, and before the discovery cutoff date. (c)(2) If an informal discovery conference is granted or ordered, the court may toll the deadline for filing a discovery motion or make any other appropriate discovery order. (d) If an informal discovery conference is not held within 30 calendar days from the date the court granted the request, the request for an informal discovery conference shall be deemed denied, and any tolling period previously ordered by the court shall continue to apply to that action. (e) The outcome of an informal discovery conference does not bar a party from filing a discovery motion or prejudice the disposition of a discovery motion. (f) This section does not prevent the parties from stipulating to the timing of discovery proceedings as described in Section 2024.060. (g) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date. (Amended by Stats. 2018, Ch. 92, Sec. 44. (SB 1289) Effective January 1, 2019. Repealed as of January 1, 2023, by its own provisions.) IDC: Statutory Basis Permissive in Nature CA Civ Pro Code § 2016.080 (a) If an informal resolution is not reached by the parties, as described in Section 2016.040, the court MAY conduct an informal discovery conference upon request by a party OR on the court’s own motion for the purpose of discussing discovery matters in dispute between the parties. xxxx IDC: Statutory Basis M&C Required Prior IDC CA Civ Pro Code § 2016.080 (b) If a party requests an informal discovery conference, the party shall file a declaration described in Section 2016.040 with the court. Any party may file a response to a declaration filed pursuant to this subdivision. If a court is in session and does not grant, deny, or schedule the party’s request within 10 calendar days after the initial request, the request shall be deemed denied. xxxx IDC: Statutory Basis Tolling of Discovery Motion Deadline CA Civ Pro Code § 2016.080 xxxx (c) (1) If a court grants or orders an informal discovery conference, the court may schedule and hold the conference no later than 30 calendar days after the court granted the request or issued its order, and before the discovery cutoff date. (c)(2) If an informal discovery conference is granted or ordered, the court may toll the deadline for filing a discovery motion or make any other appropriate discovery order. xxxx IDC: Statutory Basis IDC = Denied IF Conference Not Held w/in 30 Days CA Civ Pro Code § 2016.080 xxxx (d) If an informal discovery conference is not held within 30 calendar days from the date the court granted the request, the request for an informal discovery conference shall be deemed denied, and any tolling period previously ordered by the court shall continue to apply to that action. xxxx IDC: Statutory Basis Outcome of IDC Is Not Binding CA Civ Pro Code § 2016.080 xxxx (e) The outcome of an informal discovery conference does not bar a party from filing a discovery motion or prejudice the disposition of a discovery motion. xxxx Typical Timeline Where IDC Is Required Provided Dispute ¡See Local and Local-Local Rules! Complete Resolved Responses Agreement to Provide Remained Last- Further Incomplete, Ditch Responses Evasive M&C Boilerplate No Disco Disco objections; Meet & compromise/ Requests Requests evasive or concessions IDC MTCFR Propounded Responded incomplete Confer (M&C efforts IF required and other disputes responses exhausted) by rules IF allowed by rules Compromise/actual Genuine concessions objections; complete and responsive Dispute answers Resolved / No Dispute Typical Timeline Where IDC Is Required ¡See Local and Local-Local Rules! >10 DAYS w/o IDC grant IDC deemed >30 DAYS w/o denied! Conference No TOLLED: compromise/ Sched Remaining IDC MTCFR concessions IDC granted 45-Day IDC Days to (M&C efforts exhausted) Deadline File and other disputes IF allowed by rules to file MTCFR ≤10 DAYS ≤30 DAYS Dispute Resolved IDC: Statutory Basis Statutorily Repealed Since 01/01/2023 CA Civ Pro Code § 2016.080 xxxx (g) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date. xxxx  CA Civ Pro Code § 2016.080 (a) If an informal resolution is not reached by the parties, as described in Section 2016.040, the court MAY conduct an informal discovery conference upon request by a party OR on the court’s own motion for the purpose of discussing discovery matters in dispute between the parties. (b) If a party requests an informal discovery conference, the party shall file a declaration described in IDC: Statutory Basis Section 2016.040 with the court. Any party may file a response to a declaration filed pursuant to this subdivision. If a court is in session and does not grant, deny, or schedule the party’s request within 10 calendar days after the initial request, the request shall be deemed denied. (c) (1) If a court grants or orders an informal discovery conference, the court may schedule and hold the conference no later than 30 calendar days after the court granted the request or issued its order, and before the discovery cutoff date. (c)(2) If an informal discovery conference is granted or ordered, the court may toll the deadline for filing a discovery motion or make any other appropriate discovery order. (d) If an informal discovery conference is not held within 30 calendar days from the date the court granted the request, the request for an informal discovery conference shall be deemed denied, and any tolling period previously ordered by the court shall continue to apply to that action. (e) The outcome of an informal discovery conference does not bar a party from filing a discovery motion or prejudice the disposition of a discovery motion. (f) This section does not prevent the parties from stipulating to the timing of discovery proceedings as described in Section 2024.060. (g) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date. (Amended by Stats. 2018, Ch. 92, Sec. 44. (SB 1289) Effective January 1, 2019. Repealed as of January 1, 2023, by its own provisions.) Repealed? But Why Discuss Statutory Basis? šRepealed CCP provisions are still “practiced” šSome existing Local Rules and Departmental Rules on IDCs are patterned after or have elements of the CCP provisions Repealed Yet Still Practiced? Hierarchy of Code of Civil Procedure (CCP) CA State Legislature Procedural Statewide Provisions CA Rules of Court Judicial Council of CA (CRC) (JCC) County- wide Local Rules per Superior Court Local-Local/Departmental per Judge/Department Rules Statute Repealed: But Can Local and Local-Local Rules Require IDCs? Statute Repealed: But Can Local and Local-Local Rules Require IDCs? š(Yes and) No šCRC Rule 3.20. Preemption of local rules relating to discovery Statute Repealed: But Can Local and Local-Local Rules Require IDCs? Rule 3.20. Preemption of local rules (a) Fields occupied. The Judicial Council has preempted all local rules relating to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and the form and format of papers. No trial court, or any division or branch of a trial court, may enact or enforce any local rule concerning these fields. All local rules concerning these fields are null and void unless otherwise permitted or required by a statute or a rule in the California Rules of Court. Statute Repealed: But Can Local and Local-Local Rules Require IDCs? š (Yes and) No š CRC Rule 3.20. Preemption of local rules relating to discovery š Currently, CCP 2016.080 has been repealed š AND there is no CRC rule that allows IDCs à a discovery rule š Therefore, superior courts and individual judges cannot enforce a local rule on IDCs because they are pre-empted by CRC Rule 3.20 Statute Repealed: But Can Local and Local-Local Rules Require IDCs? š (Yes and) No š CRC Rule 3.20. Preemption of local rules relating to discovery š Currently, CCP 2016.080 has been repealed š AND there is no CRC rule that allows IDCs à a discovery rule š Therefore, superior courts and individual judges cannot enforce a local rule on IDCs because they are pre-empted by CRC Rule 3.20 šBut… Statutorily Repealed But Still Practiced šEffective January 1, 2018 šRepealed since January 1, 2023 šBUT some Superior Courts and judges STILL allow OR require IDCs šEven in 2024 rules The Civil Discovery Act of 1986 emphasizes that discovery should be "essentially self-executing," meaning that parties are expected to make reasonable and good faith efforts to resolve disputes informally before seeking judicial intervention  Sample of 2024 Local Rules (Countywide)  Mandatory Scope: all discovery motions San Mateo County IDC Request via email San Mateo County Court waives M&C declaration before IDC San Mateo County Effective after statutory (CCP) repeal Ventura County Effective after statutory (CCP) repeal Ventura County Effective after statutory (CCP) repeal  Joint request Not mandatory, except if court- ordered Ventura County M&C required prior IDC Ventura County Effective since IDC repeal (CCP)  Samples of 2024 Departmental (Local-Local) Rules  How to Look for Local-Local/Departmental Rules Locating Departmental (Local-Local) Rules š For LA/bigger counties, departmental rules are found on official websites š Call to confirm if IDC is required, allowed, or prohibited (due to repeal) š Smaller counties w/o published departmental rules à Call the department’s judicial assistant Logistics Scheduling the IDC šIDCs must NOT be scheduled unilaterally šFor LA County šGenerally: JournalTech à “Court Reservations” tab šExc: Email/Call to reserve. Check departmental rules! šFor Other Counties à Usually via email BUT call to verify IDC rules šCoordinate with Lit Team Admin  To schedule an IDC for the Azima case, call Depatment E Departmental Rules of Department E (Torrance Courthouse) Question-and-Answer / Discussion THANK YOU! JJJ