Sample Written Agreement to Preserve Confidentiality of

CALIFORNIA CIVIL DISCOVERY PRACTICE (4th ed Cal CEB 2006) May 2009 TABLE OF CONTENTS File Name CH03 03-200 03-201 CH04 04-038 04-039 04-040 04-041 CH05 05-084 05-090 05-199 05-216 05-219 05-220 05-221 Book Section Chapter 3 §3.200 §3.201 Chapter 4 §4.38 §4.39 §4.40 §4.41 Chapter 5 §5.84 §5.90 §5.199 §5.216 §5.219 §5.220 §5.221 Title EVALUATING PRIVILEGES, WORK PRODUCT, AND OTHER PROTECTIONS Sample Written Agreement to Preserve Confidentiality of Information Exchanged in Course of Joint Defense Sample Document Privilege Log CONDUCTING DISCOVERY IN AN ELECTRONIC WORLD: ELECTRONIC DATA AND DISCOVERY Legal Hold Letter Document Creation Reminders Checklist: Identifying Data Preservation Letter DEPOSITION PROCEDURES 05-222 05-224 05-225 05-226 05-228 05-229 05-230 05-231 §5.222 §5.224 §5.225 §5.226 §5.228 §5.229 §5.230 §5.231 Checklist: Video Recording Procedures Stating Where and to Whom Custodian Is to Produce Records Checklist: Procedures for Preparing Written Depositions Notice of Deposition Ex Parte Application for Order Shortening Time for Serving Notice of Deposition Other Party’s Notice of Intention to Audio or Video Record Deposition Other Party’s Notice of Intention to Appear at Deposition by Telephone, Video Conference, or Other Electronic Means Stipulation for Taking Deposition Declaration Accompanying Production of Business Records (Custodian or Other Qualified Witness) Declaration Accompanying Production of Business Records (Deposition Officer) Declaration Accompanying Production of Business Records (Attorney’s Representative) Notice of Motion and Motion to Quash Deposition Notice and for Sanctions Declaration Supporting Motion to Quash Deposition Notice and for Sanctions Notice of Motion for Order Authorizing Deposition to Perpetuate Testimony Petition for Order Authorizing Deposition to Perpetuate Testimony File Name 05-232 CH06 06-142 06-143 06-144 06-146 06-147 Book Section §5.232 Chapter 6 §6.142 §6.143 §6.144 §6.146 §6.147 Title Order Authorizing Deposition to Perpetuate Testimony TAKING AND DEFENDING ORAL DEPOSITIONS 06-148 06-149 06-150 CH07 07-041 07-042 07-043 07-141 07-143 07-144 07-145 07-146 07-147 §6.148 §6.149 §6.150 Chapter 7 §7.41 §7.42 §7.43 §7.141 §7.143 §7.144 §7.145 §7.146 §7.147 Notice of Motion and Motion for Order That Deposition Be Terminated or Limited; Request for Sanctions Memorandum Supporting Motion for Order That Deposition Be Terminated or Limited Declaration Supporting Motion for Protective Order Notice of Motion and Motion to Compel Answers to Questions and Production of Documents at Deposition Memorandum Supporting Motion to Compel Answers to Questions and Production of Documents at Deposition Declaration Supporting Motion to Compel Answers to Questions and Production of Documents at Deposition Separate Statement Listing Questions to Be Answered and Documents to Be Produced Order to Answer Questions and Produce Documents at Deposition and to Pay Sanctions INTERROGATORIES 07-148 §7.148 07-149 §7.149 07-150 07-151 07-152 07-153 §7.150 §7.151 §7.152 §7.153 Asking About Particular Contentions Referring to Allegations in Pleading Asking for Facts on Which Contention Is Based Checklist: Procedures for Interrogatories Declaration Supporting Request for Additional Discovery Format of Specially Prepared Interrogatories Letter to Client Accompanying Interrogatories Response to Interrogatories; Verification Notice of Motion and Motion for Order Compelling Answers or Further Answers to Interrogatories and for Sanctions Memorandum Supporting Motion for Order Compelling Answers (or Further Answers) to Interrogatories and for Sanctions Declaration Supporting Motion for Order Compelling Answers or Further Answers to Interrogatories and for Sanctions Separate Statement Listing Interrogatories to Which Further Responses Are Requested Order Compelling or Denying Answers or Further Answers to Interrogatories and for Sanctions Notice of Motion and Motion for Order Imposing Sanctions Declaration Supporting Motion for Order Imposing Sanctions File Name 07-154 07-155 07-156 07-157 07-158 CH08 08-017 08-068 08-120 08-121 08-122 08-123 08-124 08-125 08-126 08-127 08-128 08-129 CH09 09-022 09-025 09-027 09-028 09-047 09-049 09-050 09-051 09-052 09-053 09-055 09-056 09-057 09-058 09-060 09-061 09-097 09-099 Book Section §7.154 §7.155 §7.156 §7.157 §7.158 Chapter 8 §8.17 §8.68 §8.120 §8.121 §8.122 §8.123 §8.124 §8.125 §8.126 §8.127 §8.128 §8.129 Chapter 9 §9.22 §9.25 §9.27 §9.28 §9.47 §9.49 §9.50 §9.51 §9.52 §9.53 §9.55 §9.56 §9.57 §9.58 §9.60 §9.61 §9.97 §9.99 Title Order Imposing Sanctions Notice of Motion and Motion for Protective Order Memorandum Supporting Motion for Protective Order Declaration Supporting Motion for Protective Order Order Limiting Discovery DEMANDS FOR INSPECTION OR PRODUCTION Letter Alternative to Formal Preservation Order Sending Follow-Up Letter Checklist: Procedures for Inspection of Documents, Things, and Places Stipulated Provisions Concerning Related Activities Stipulation for Inspection Demand for Inspection Response to Demand for Inspection Stipulation for Protective Order (Confidential Information); Order Notice of Motion and Motion for Order Compelling Response to Demand for Inspection and for Sanction Declaration Supporting Motion for Order Compelling Response and for Sanction Notice of Motion and Motion to Compel Further Response Notice of Motion and Motion to Compel Compliance in Accordance With Prior Response REQUESTS FOR ADMISSION Using Judicial Council Forms Response Date Format for Definitions Used Numbering Caption; Introduction; Instructions; Definitions Completeness; Restating Request Partial or Qualified Based on Information and Belief Lack of Information or Knowledge; Duty to Investigate Denials Relevance Privilege Work Product Request Exceeds Numerical Limit Other Objections Signature; Verification Checklist: Procedures for Serving Requests for Admission Sample Requests for Admissions File Name 09-100 09-101 09-102 09-103 09-104 09-105 09-106 09-107 09-108 Book Section §9.100 §9.101 §9.102 §9.103 §9.104 §9.105 §9.106 §9.107 §9.108 Title 09-109 §9.109 09-110 09-111 09-112 09-113 09-114 09-115 09-116 09-117 09-118 09-119 09-120 09-121 09-122 09-123 09-124 CH10 §9.110 §9.111 §9.112 §9.113 §9.114 §9.115 §9.116 §9.117 §9.118 §9.119 §9.120 §9.121 §9.122 §9.123 §9.124 Chapter 10 Sample Requests for Admissions (Electronic Documents) Declaration for Additional Discovery Stipulated Admissions Sample Response to Requests for Admission Stipulation Extending Time to Respond Application for Order Extending Time to Respond to Requests for Admission Notice of Motion and Motion for Order Extending Time to Respond Order Extending Time to Respond Notice of Motion and Motion for Order Relieving Responding Party From Waiver of Objections to Requests for Admission Declaration Supporting Motion for Order Relieving Responding Party From Waiver of Objections to Requests for Admission Notice of Motion and Motion for Protective Order Concerning Requests for Admission Protective Order Concerning Requests for Admission Notice of Motion and Motion for Order That Requests for Admission Be Deemed Admitted Declaration Supporting Motion That Requests for Admission Be Deemed Admitted Order That Requests for Admission Be Deemed Admitted Notice of Motion and Motion for Order Compelling Further Response to Requests for Admission Declaration Supporting Motion for Order Compelling Further Response to Requests for Admission Separate Statement Listing Requests and Responses Order Compelling Further Response to Requests for Admission Declaration Opposing Motion for Order Compelling Further Response to Requests for Admission Notice of Motion and Motion for Order Withdrawing or Amending Admissions Declaration Supporting Motion for Order Amending or Withdrawing Admissions Order Withdrawing or Amending Admissions Application for Order Requiring Payment of Expenses of Proof Declaration Opposing Motion for Order Requiring Payment of Expenses of Proof PHYSICAL AND MENTAL EXAMINATIONS File Name 10-079 10-080 10-081 10-082 10-083 10-084 10-085 10-086 10-087 10-088 10-089 10-090 CH11 11-068 11-069 11-070 CH12 12-057 12-058 12-059 Book Section §10.79 §10.80 §10.81 §10.82 §10.83 §10.84 §10.85 §10.86 §10.87 §10.88 §10.89 §10.90 Chapter 11 §11.68 §11.69 §11.70 Chapter 12 §12.57 §12.58 §12.59 Title Demand for Physical Examination of Plaintiff Response to Demand for Physical Examination of Plaintiff Notice of Motion and Motion to Compel Compliance With Demand for Physical Examination of Plaintiff Declaration Supporting Motion to Compel Compliance With Demand for Physical Examination of Plaintiff Stipulation for Physical Examination Stipulation for Mental Examination Notice of Motion and Motion for Physical or Mental Examination of Plaintiff Declaration Supporting Motion for Physical or Mental Examination Order for Physical or Mental Examination Demand for Copy of Report of Physical or Mental Examination Notice of Motion and Motion for Order for Genetic Tests Declaration Supporting Motion for Genetic Tests EXCHANGE OF EXPERT INFORMATION Checklist: Procedures for Discovery of Expert Witness Information Demand for Exchange of Expert Trial Witness Information Written Exchange of Required Expert Witness Information; Expert Witness Declaration DEPOSITIONS IN OTHER STATES 12-060 12-061 12-062 CH13 13-071 13-072 §12.60 §12.61 §12.62 Chapter 13 §13.71 §13.72 Checklist: Procedures for Scheduling or Opposing Notice of Out-of-State Deposition Notice of Out-of-State Deposition on Oral Examination Ex Parte Application for Order Issuing Commission and Appointing Person to Take Out-of-State Deposition Declaration Supporting Ex Parte Application for Order Issuing Commission Order That Commission Issue Commission to Take Out-of-State Deposition DISCOVERY IN OTHER NATIONS 13-073 §13.73 Checklist: Procedures for Seeking Discovery Abroad Sample Letter of Request Recommended for Use in Applying Hague Evidence Convention on Taking of Evidence Abroad in Civil or Commercial Matters Sample Letter Rogatory Recommended for Use in Applying Inter-American Convention on Letters Rogatory File Name 13-074 13-075 13-076 13-077 13-078 13-079 CH15 15-029 15-058 15-084 15-116 15-118 15-119 Book Section §13.74 §13.75 §13.76 §13.77 §13.78 §13.79 Chapter 15 §15.29 §15.58 §15.84 §15.116 §15.118 §15.119 Title Sample Letter Rogatory for Use in Absence of Treaties Notice of Motion and Motion for Order Issuing Commission to Take Deposition Abroad Memorandum Supporting Motion for Order Issuing Commission to Take Deposition Abroad Declaration Supporting Motion for Order Issuing Commission to Take Deposition Abroad Order That Commission Issue to Take Deposition Abroad Commission to Take Deposition of Witness DISCOVERY MOTION PRACTICE AND SANCTIONS Checklist: Procedure for Application for Order Shortening Time Checklist: Procedures for Motion to Compel Checklist: Procedure for Obtaining Protective Order Checklist: Procedures for Obtaining Sanctions Sample Proposed Order Granting Application for Order Shortening Time Sample Order on Motion to Compel