California

Civil Procedure

Civil Procedure

Rule 3.768 – Discovery from unnamed class members

(a) Types of discovery permitted

The following types of discovery may be sought, through service of a subpoena and without a court order, from a member of a class who is not a party representative or who has not appeared:

(1) An oral deposition;
(2) A written deposition; and
(3) A deposition for production of business records and things.
(b) Motion for protective order

A party representative, deponent, or other afifected person may move for a protective order to preclude or limit the discovery.

(c) Interrogatories require court order

A party may not serve interrogatories on a member of a class who is not a party representative or who has not appeared, without a court order.

(d) Determination by court

In deciding whether to allow the discovery requested under (a) or (c) , the court must consider, among other relevant factors:

(1) The timing of the request;
(2) The subject matter to be covered;
(3) The materiality of the information being sought;
(4) The likelihood that class members have such information;
(5) The possibility of reaching factual stipulations that eliminate the need for such discovery;
(6) Whether class representatives are seeking discovery on the subject to be covered; and
(7) Whether discovery will result in annoyance, oppression, or undue burden or expense for the members of the class.

Cal. R. Ct. 3.768

Rule 3.768 amended and renumbered effective January 1, 2007; adopted as rule 1858 effective January 1, 2002.