Form Interrogatory 4.1 asks for all policies of insurance through which the defendant is or might be insured “in any manner (for example, including primary, pro-rata, or excess liability coverage or medical expense coverage) for the damages, claims or actions that have arisen out of the Incident.” The Form Interrogatories are approved by the Judicial Council of California and are therefore per se reasonable. Showing that we will not permit our clients to be intimidated or be taken advantage of and that we will not back down is essential to achieving the best results possible for our clients.Ĭalifornia’s Form Interrogatories- General (DISC-001) are designed to help attorneys ascertain basic information from defendants, including insurance coverage information, with minimal controversy or work involved. To obtain information to which we are entitled, and to protect our clients from abusive discovery tactics, we must proactively file motions to compel and protective orders. The areas we see frequent discovery abuse by the defense are in the areas of (1) producing insurance- coverage information, incident reports and witness statements, sub rosa, and defendants’ repair records, (2) refusing to appear for remote depositions, and (3) propounding excessive, invasive, and harassing discovery requests. Plaintiffs’ lawyers should be resolute against game playing from the outset of the case. However, there are a few key areas that deserve emphasizing to help you take control over the litigation, gain strategic advantage over the defense, and stop defense’s frequent game playing. There are numerous articles on how to file motions to compel and general discovery motion practice tips and strategies. In this era of pandemic and stay-home orders, we are seeing an uptick in billing opportunities by the defense, many involving issues dealing with discovery and non-compliance with the discovery statutes.
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