Right of Privacy During the Discovery Process

Generally, discovery may be obtained on any NONPRIVILEGED information “that is relevant to the subject matter involved …” The information requested need not meet the relevancy test for admissibility at trial. It is discoverable if it either would be admissible evidence OR “appears reasonably calculated to lead to the discovery of admissible evidence.”

CCP § 2017.010

“Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property.”

Notwithstanding relevancy, however, the constitutional right of privacy may limit the scope of such discovery to protect the identities of the concerned parties. Even highly relevant, nonprivileged information may be shielded from discovery if its disclosure would impair a person’s right of privacy under the California Constitution.

Cal. Const. Art 1, § 1

“All people are by nature free and independent and have inalienable rights.  Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.”

To know the rules and one’s rights in the processes involved in personal injury cases, work with a lawyer who is an expert in personal injury cases.

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Jack Morgan CALL US! 866-205-4971

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