Litigation: Non-Expert Discovery 
Visual Guide to Non-Expert Discovery
                                                Category: Legal Practice / Civil Litigation

In California civil litigation, the facts of the case matter, but the calendar often dictates the outcome. Missing a deadline can result in waived objections, excluded evidence, or even sanctions.

​

While the California Code of Civil Procedure (CCP) outlines the rules, visualizing how these deadlines interact is essential for case management. We have created the accompanying Litigation: Non-Expert Discovery Timeline to provide a clear, visual roadmap of the discovery phase, from the filing of the complaint all the way to the steps of the courthouse.

​

Here is a breakdown of what this chart illustrates and how to use it to keep your case on track.

1. The Starting Gun (The Green Line)

As shown on the left side of the timeline, the clock starts ticking the moment the complaint is served.

• Defendants: Can serve discovery immediately (anytime after service of summons and complaint).

• Plaintiffs: Must wait a "hold" period (usually 10 days after service of summons) before they can serve written discovery on the defendant.

2. The Written Discovery Cycle (Top Section)

The beige and pink boxes at the top of the chart represent the cyclical nature of written discovery (Interrogatories, Requests for Production, and Requests for Admission). This is rarely a "one-and-done" process. The chart illustrates "Set 1," "Set 2," and "Set 3" to demonstrate how discovery evolves as new facts come to light.

​

The workflow for each set generally follows this rhythm:

​

1. Service: Discovery is served.

2. Response (30 Days): The responding party has 30 days to provide verified responses or objections.

3. Meet & Confer (M&C): If responses are insufficient, counsel must meet and confer before getting the court involved.

4. Motion to Compel (MTC) (45 Days): This is a critical deadline shown in the timeline. If you intend to file a Motion to Compel further responses, you must do so within 45 days of receiving the verified responses. If you miss this window, you generally waive your right to compel that specific information.

3. Oral Discovery: Depositions (Purple Section)

Running parallel to written discovery (or sequentially, depending on your strategy and goals) is Oral Discovery, highlighted in the purple boxes.

​

Unlike written requests, depositions require coordination of schedules. The chart highlights the importance of conducting a "Meet & Confer" regarding dates before noticing a deposition to avoid unnecessary motion practice.

​

• Notice: Once a date is set, a Notice of Deposition (NOD) is served.

• Objections: opposing counsel must serve objections at least 3 days before the deposition date or objections are waived.

4. The "Days Before Trial" Countdown (The Blue Zone)

The right side of the chart transitions from green (Non-Expert) to blue (Expert Discovery). This is the "Red Zone" of litigation where deadlines become rigid based on the Initial Trial Date.

• 70 Days Out: The demand for expert witness disclosure is usually served.

• 50 Days Out: This is the standard deadline to exchange Expert Witness lists and reports.

• 30 Days Out: Discovery Cut-off. Generally, all non-expert discovery proceedings must be completed 30 days before the initial trial date.

• 15 Days Out: Motion Cut-off. The last day for the court to hear discovery motions. Note: Because you must give notice before a hearing, your motion must essentially be filed well before this 15-day mark.

5. The Discovery Toolkit (Legend)

The Legend of the infographic categorizes the tools available to attorneys:

Party Discovery (Green):

• SIs (Special Interrogatories): Custom questions drafted by counsel.

• FROGs (Form Interrogatories): Standard form check-box questions.

• RFPs (Requests for Production): Demands for documents and physical evidence.

• RFAs (Requests for Admission): Asking the other side to admit specific facts to narrow the issues for trial.

Non-Party Discovery (Light Green):

• Subpoenas: The primary tool used to gather documents or testimony from witnesses not directly involved in the lawsuit.

Summary

This chart serves as a high-level navigational tool. While every case has its nuances—and extensions are often granted via professional courtesy—understanding the statutory "default" timeline is the way to effectively strategize.

​

Disclaimer: This chart and article are for informational purposes only and represent a simplified overview of California discovery procedures. They do not constitute legal advice. Timelines can change based on local rules, judge-specific orders, or legislative updates.