Legal Question in Civil Litigation in California

Re: Informal Investigation v ''Formal'' Discovery

1) You can begin your investigation at any time. Formal discovery has to wait for specified guidelines.

2) You stated that you filed in Superior Court, which implies State Court; but then made reference to FRCP Rule 26, which is a Federal Rule. You need to make sure you know if you are in Federal or State court, and follow the appopriate procedural rules for your forum.

Re: Informal Investigation v ''Formal'' Discovery

wait.

Re: Informal Investigation v ''Formal'' Discovery

You can always begin informal investigation. I assume you are in US District Court. Certain rules apply as to when you may begin formal discovery. If the time has run for the defendant to answer, and the defendant has not, you may wish to take the defendant's default. Good luck!

Re: Informal Investigation v ''Formal'' Discovery

Okay, here goes:

If you have any significant amount of money involved that you are trying to recover you are playing a very dangerous game by representing yourself. The pitfalls are numerous and EXTREMELY difficult for a lay person to overcome.

Your question points out several issues in itself. You indicated that you filed in Superior Court. Superior Court is typically what a State Court is called. However, you referred to FRCP (Federal Rules of Civil Procedure) in your question. The FCRP apply to cases filed in Federal Court, not in State Court.

The State court rules involving discovery are typically found in California Code of Civil Procedure (CCP).

The CCP provides for a delay for a plaintiff to begin formal discovery such as interrogatories, requests for admissions, demands to produce documents and things, depositions.

You really should speak with an attorney about your case.

I would be happy to discuss it with you in a free initial consultation.

J. Caleb Donner

LEGAL WARRIORS (R)

805-494-6557