California Law Revision Commission

-- Last revised 5/28/08 --

Reorganization of Discovery Statute

    In 2003, the Commission approved a final recommendation proposing a nonsubstantive, user-friendly reorganization of the provisions governing civil discovery (Code Civ. Proc. §§ 2016-2036). The proposal was enacted. See 2004 Cal. Stat. ch. 182 (AB 3081 (Assembly Committee on Judiciary)). The new civil discovery provisions (Code Civ. Proc. §§ 2016.010-2036.050) became operative on July 1, 2005.
    A few of the conforming revisions proposed by the Commission were chaptered out by other bills (Code Civ. Proc. §§ 1005, 1985.6; Evid. Code § 1560; Gov't Code § 12972; Penal Code § 1524). Legislation to correct these problems was enacted. See 2005 Cal. Stat. ch. 294.
    In developing the recommendation on nonsubstantive reorganization, the Commission discovered a number of statutes with cross-references to civil discovery provisions that were never properly conformed to reflect enactment of the Civil Discovery Act of 1986. The Commission approved a final recommendation to fix these obsolete cross-references, which was enacted. See 2005 Cal. Stat. ch. 294.
    The Commission is also studying whether California law on civil discovery could be improved by adopting approaches used in the federal courts or in other jurisdictions. See Discovery Improvements from Other Jurisdictions (Studies J-503, 505 & 506).
    If you have questions or comments on this study, send email to Barbara Gaal at bgaal@clrc.ca.gov.

Related Material

Legislation
Final Recommendation
Tentative Recommendations
Commission Decisions (Meeting Minutes)
Staff Memoranda
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Legislation

2005: Assembly Bill 333 (Harman) [Correction of AB 3081 Chaptering Problems; Correction of Obsolete Cross-References]
2004: Assembly Bill 3081 (Committee on Judiciary) [Civil Discovery: Nonsubstantive Reorganization]
[Enacted as 2004 Cal. Stat. ch. 182]

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Final Recommendation

Civil Discovery: Correction of Obsolete Cross-References -- (September 2004)
Civil Discovery: Nonsubstantive Reorganization -- (September 2003)

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Tentative Recommendations and Other Requests for Comment

Tentative Rec. -- Civil Discovery: Correction of Obsolete Cross-References (April 2004) -- Comments Due: 7/31/2004
Tentative Rec. -- Civil Discovery: Nonsubstantive Reform (2/19/2003)
Tentative Rec. -- Civil Discovery: Nonsubstantive Reform (Conforming Revisions) (2/19/2003)

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Meeting Minutes

November 19, 2004 Meeting in Burbank
September 17, 2004 Meeting in Oakland
April 15, 2004 Meeting in Sacramento
February 6, 2004 Meeting in Sacramento
September 18-19, 2003 Meeting in Burbank
September 13, 2002 Meeting in San Francisco

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Staff Memoranda

Memo 2004-48 -- Civil Discovery: Correction of Obsolete Cross-References (Government Code Section 12963.3) (11/10/2004)
Memo 2004-36 -- Civil Discovery: Correction of Obsolete Cross References (Comments on Tentative Recommendation) (8/18/2004)
Memo 2004-16, Supp. 1 -- Civil Discovery: Nonsubstantive Reform (Obsolete Cross References) (4/8/2004)
Memo 2004-16 -- Civil Discovery: Nonsubstantive Reform (Obsolete Cross References) (3/19/2004)
Memo 2004-13, Supp. 1 -- Civil Discovery: Nonsubstantive Reform (Conforming Revisions) (1/30/2004)
Memo 2004-13 -- Civil Discovery: Nonsubstantive Reform (Insurance Code Section 11580.2) (1/9/2004)
Memo 2003-27 -- Civil Discovery: Nonsubstantive Reform (Comments on Tentative Recommendation) (7/21/2003)
Memo 2002-46 -- Reorganization of Discovery Statute (Draft of Tentative Recommendation) (9/6/2002)

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Reorganization of Discovery Statute

Related Material

Legislation

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Final Recommendation

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Tentative Recommendations and Other Requests for Comment

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Meeting Minutes

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Staff Memoranda

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