Dealing with Discovery

Discovery is accomplished by one of three ways:

Depositions – Individuals are formally orally questioned by lawyers, under oath, as if on the witness stand.

Interrogatories – Written questions by one party to the other which require a written answer, also under oath.

Request for production of documents – A formal request to parties to turn over relevant documents.

Once a special motion to strike is filed pursuant to procedure of Code of Civil Procedure section 425.16, all discovery is stayed (suspended) until a judge rules on the special motion to strike or a party is given permission for specific discovery to proceed after a formal motion and a showing of good cause. This is important because even the process of having to answer discovery requests can impact one’s willingness to speak out on public issues and can be very expensive.

The information on this website is not, nor is it intended to be, legal advice. The information here is meant to provide general information to the public.