California Assembly Bill AB1349

California 2019-2020 Regular Session

• Introduced: 2/22/19
• Refer: 3/11/19
• Report Pass: 4/4/19
• Engrossed: 4/22/19
• Refer: 4/23/19
• Refer: 5/1/19
• Report Pass: 6/14/19
• Refer: 6/14/19
• Report Pass: 6/26/19
• Enrolled: 8/12/19
• Chaptered: 8/30/19
• Passed: 8/30/19

Caption

Civil actions: discovery.

Impact

The implications of AB 1349 are significant as they reframe how discovery is conducted within California's civil courts. By requiring electronic format for discovery documents, this bill is expected to hasten timelines and reduce backlog caused by traditional paper-based processes. Additionally, it empowers both sides in a legal dispute to facilitate easier access to information, potentially leading to quicker resolutions. This change reflects a growing trend towards digitization in legal proceedings, acknowledging the necessity for speed and efficiency in modern litigation.

Summary

Assembly Bill 1349, authored by Obernolte, amends specific sections of the Code of Civil Procedure concerning civil actions, particularly focusing on the discovery process. The bill mandates that upon request, parties engaged in litigation must provide discovery documents in an electronic format within three court days. This includes responses to interrogatories and requests for admission, streamlining the overall discovery process to encourage efficiency and transparency in civil cases. By setting a clear timeline and electronic provisions, AB 1349 aims to modernize the legal framework surrounding civil actions and improve compliance among parties.

Sentiment

The general sentiment surrounding AB 1349 appears to be supportive, particularly among legal professionals who anticipate the benefits of more efficient discovery processes. However, some concerns were expressed during discussions, particularly regarding the implications for parties involved who may not have the means or resources to quickly adapt to electronic submissions. Overall, the reception has leaned towards appreciation for the modernization aspect, indicating a positive trajectory for legal practices in California.

Contention

Despite the positive outlook, there were notable points of contention regarding the practicalities of implementation. Critiques centered around the readiness of all parties to transition to a fully electronic format and the possible exclusion of those unable to adapt, particularly smaller firms or individuals representing themselves. Concerns were raised that while the bill aims for efficiency, it may inadvertently disadvantage some litigants who lack the necessary technological capabilities.