California 2019-2020 Regular Session

California Senate Bill SB370 Compare Versions

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1		-	Senate Bill No. ~~370 CHAPTER 208~~ An act to amend Section 2031.280 of the Code of Civil Procedure, relating to discovery. ~~[ Approved by Governor August 30, 2019. Filed with Secretary of State August 30, 2019. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 370, Umberg. Discovery: response to inspection demands.The Civil Discovery Act permits a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, land or other property, and electronically stored information in the possession of any other party to the action. The Civil Discovery Act requires any documents produced in response to an inspection demand to be produced as they are kept in the usual course of business, or be organized and labeled to correspond with the categories in the demand.This bill would eliminate the option to produce documents as they are kept in the usual course of business, thereby requiring all documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling to be identified with the specific request number to which the documents respond.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2031.280 of the Code of Civil Procedure is amended to read:2031.280. (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.(b) The documents shall be produced on the date specified in the demand pursuant to paragraph (2) of subdivision (c) of Section 2031.030, unless an objection has been made to that date. If the date for inspection has been extended pursuant to Section 2031.270, the documents shall be produced on the date agreed to pursuant to that section.(c) If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified in the demand, the responding party shall state in its response the form in which it intends to produce each type of information.(d) Unless the parties otherwise agree or the court otherwise orders, the following shall apply:(1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable.(2) A party need not produce the same electronically stored information in more than one form.(e) If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form.
	1	+	Enrolled August 14, 2019 Passed IN Senate May 09, 2019 Passed IN Assembly August 12, 2019 Amended IN Senate April 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 370Introduced by Senator UmbergFebruary 20, 2019 An act to amend Section 2031.280 of the Code of Civil Procedure, relating to discovery. LEGISLATIVE COUNSEL'S DIGESTSB 370, Umberg. Discovery: response to inspection demands.The Civil Discovery Act permits a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, land or other property, and electronically stored information in the possession of any other party to the action. The Civil Discovery Act requires any documents produced in response to an inspection demand to be produced as they are kept in the usual course of business, or be organized and labeled to correspond with the categories in the demand.This bill would eliminate the option to produce documents as they are kept in the usual course of business, thereby requiring all documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling to be identified with the specific request number to which the documents respond.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2031.280 of the Code of Civil Procedure is amended to read:2031.280. (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.(b) The documents shall be produced on the date specified in the demand pursuant to paragraph (2) of subdivision (c) of Section 2031.030, unless an objection has been made to that date. If the date for inspection has been extended pursuant to Section 2031.270, the documents shall be produced on the date agreed to pursuant to that section.(c) If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified in the demand, the responding party shall state in its response the form in which it intends to produce each type of information.(d) Unless the parties otherwise agree or the court otherwise orders, the following shall apply:(1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable.(2) A party need not produce the same electronically stored information in more than one form.(e) If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form.
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3		-	Senate Bill No. ~~370 CHAPTER 208~~ An act to amend Section 2031.280 of the Code of Civil Procedure, relating to discovery. ~~[ Approved by Governor August 30, 2019. Filed with Secretary of State August 30, 2019. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 370, Umberg. Discovery: response to inspection demands.The Civil Discovery Act permits a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, land or other property, and electronically stored information in the possession of any other party to the action. The Civil Discovery Act requires any documents produced in response to an inspection demand to be produced as they are kept in the usual course of business, or be organized and labeled to correspond with the categories in the demand.This bill would eliminate the option to produce documents as they are kept in the usual course of business, thereby requiring all documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling to be identified with the specific request number to which the documents respond.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled August 14, 2019 Passed IN Senate May 09, 2019 Passed IN Assembly August 12, 2019 Amended IN Senate April 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 370Introduced by Senator UmbergFebruary 20, 2019 An act to amend Section 2031.280 of the Code of Civil Procedure, relating to discovery. LEGISLATIVE COUNSEL'S DIGESTSB 370, Umberg. Discovery: response to inspection demands.The Civil Discovery Act permits a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, land or other property, and electronically stored information in the possession of any other party to the action. The Civil Discovery Act requires any documents produced in response to an inspection demand to be produced as they are kept in the usual course of business, or be organized and labeled to correspond with the categories in the demand.This bill would eliminate the option to produce documents as they are kept in the usual course of business, thereby requiring all documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling to be identified with the specific request number to which the documents respond.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5		-	Senate ~~Bill No.~~ ~~370 CHAPTER 208~~
	5	+	Enrolled August 14, 2019 Passed IN Senate May 09, 2019 Passed IN Assembly August 12, 2019 Amended IN Senate April 11, 2019
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7		-	Senate Bill No. 370
	7	+	Enrolled August 14, 2019
	8	+	Passed IN Senate May 09, 2019
	9	+	Passed IN Assembly August 12, 2019
	10	+	Amended IN Senate April 11, 2019
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9		-	CHAPTER 208
	12	+	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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	14	+	Senate Bill
	15	+
	16	+	No. 370
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	18	+	Introduced by Senator UmbergFebruary 20, 2019
	19	+
	20	+	Introduced by Senator Umberg
	21	+	February 20, 2019
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11	23		An act to amend Section 2031.280 of the Code of Civil Procedure, relating to discovery.
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13		-	[ Approved by Governor August 30, 2019. Filed with Secretary of State August 30, 2019. ]
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15	25		LEGISLATIVE COUNSEL'S DIGEST
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17	27		## LEGISLATIVE COUNSEL'S DIGEST
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19	29		SB 370, Umberg. Discovery: response to inspection demands.
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21	31		The Civil Discovery Act permits a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, land or other property, and electronically stored information in the possession of any other party to the action. The Civil Discovery Act requires any documents produced in response to an inspection demand to be produced as they are kept in the usual course of business, or be organized and labeled to correspond with the categories in the demand.This bill would eliminate the option to produce documents as they are kept in the usual course of business, thereby requiring all documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling to be identified with the specific request number to which the documents respond.
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23	33		The Civil Discovery Act permits a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, land or other property, and electronically stored information in the possession of any other party to the action. The Civil Discovery Act requires any documents produced in response to an inspection demand to be produced as they are kept in the usual course of business, or be organized and labeled to correspond with the categories in the demand.
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25	35		This bill would eliminate the option to produce documents as they are kept in the usual course of business, thereby requiring all documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling to be identified with the specific request number to which the documents respond.
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27	37		## Digest Key
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29	39		## Bill Text
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31	41		The people of the State of California do enact as follows:SECTION 1. Section 2031.280 of the Code of Civil Procedure is amended to read:2031.280. (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.(b) The documents shall be produced on the date specified in the demand pursuant to paragraph (2) of subdivision (c) of Section 2031.030, unless an objection has been made to that date. If the date for inspection has been extended pursuant to Section 2031.270, the documents shall be produced on the date agreed to pursuant to that section.(c) If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified in the demand, the responding party shall state in its response the form in which it intends to produce each type of information.(d) Unless the parties otherwise agree or the court otherwise orders, the following shall apply:(1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable.(2) A party need not produce the same electronically stored information in more than one form.(e) If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form.
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33	43		The people of the State of California do enact as follows:
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35	45		## The people of the State of California do enact as follows:
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37	47		SECTION 1. Section 2031.280 of the Code of Civil Procedure is amended to read:2031.280. (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.(b) The documents shall be produced on the date specified in the demand pursuant to paragraph (2) of subdivision (c) of Section 2031.030, unless an objection has been made to that date. If the date for inspection has been extended pursuant to Section 2031.270, the documents shall be produced on the date agreed to pursuant to that section.(c) If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified in the demand, the responding party shall state in its response the form in which it intends to produce each type of information.(d) Unless the parties otherwise agree or the court otherwise orders, the following shall apply:(1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable.(2) A party need not produce the same electronically stored information in more than one form.(e) If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form.
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39	49		SECTION 1. Section 2031.280 of the Code of Civil Procedure is amended to read:
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41	51		### SECTION 1.
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43	53		2031.280. (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.(b) The documents shall be produced on the date specified in the demand pursuant to paragraph (2) of subdivision (c) of Section 2031.030, unless an objection has been made to that date. If the date for inspection has been extended pursuant to Section 2031.270, the documents shall be produced on the date agreed to pursuant to that section.(c) If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified in the demand, the responding party shall state in its response the form in which it intends to produce each type of information.(d) Unless the parties otherwise agree or the court otherwise orders, the following shall apply:(1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable.(2) A party need not produce the same electronically stored information in more than one form.(e) If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form.
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45	55		2031.280. (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.(b) The documents shall be produced on the date specified in the demand pursuant to paragraph (2) of subdivision (c) of Section 2031.030, unless an objection has been made to that date. If the date for inspection has been extended pursuant to Section 2031.270, the documents shall be produced on the date agreed to pursuant to that section.(c) If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified in the demand, the responding party shall state in its response the form in which it intends to produce each type of information.(d) Unless the parties otherwise agree or the court otherwise orders, the following shall apply:(1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable.(2) A party need not produce the same electronically stored information in more than one form.(e) If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form.
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47	57		2031.280. (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.(b) The documents shall be produced on the date specified in the demand pursuant to paragraph (2) of subdivision (c) of Section 2031.030, unless an objection has been made to that date. If the date for inspection has been extended pursuant to Section 2031.270, the documents shall be produced on the date agreed to pursuant to that section.(c) If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified in the demand, the responding party shall state in its response the form in which it intends to produce each type of information.(d) Unless the parties otherwise agree or the court otherwise orders, the following shall apply:(1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable.(2) A party need not produce the same electronically stored information in more than one form.(e) If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form.
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51	61		2031.280. (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.
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53	63		(b) The documents shall be produced on the date specified in the demand pursuant to paragraph (2) of subdivision (c) of Section 2031.030, unless an objection has been made to that date. If the date for inspection has been extended pursuant to Section 2031.270, the documents shall be produced on the date agreed to pursuant to that section.
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55	65		(c) If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified in the demand, the responding party shall state in its response the form in which it intends to produce each type of information.
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57	67		(d) Unless the parties otherwise agree or the court otherwise orders, the following shall apply:
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59	69		(1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable.
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61	71		(2) A party need not produce the same electronically stored information in more than one form.
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63	73		(e) If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form.