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California Law Revision Commission

-- Last revised 01/08/24 --

Reorganization of Discovery Statute - Study J-5040

    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).

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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