FORMAL DISCOVERY IS LIBERALLY CONSTRUED IN CALIFORNIA!
When enforcing the right to full and complete discovery, Family Law courts should be liberal in its exercise. Code Civ. Proc. § 2017.010 provides as follows:
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. [Emphasis Added.]
Further, Fairfield v. Superior Court(1966) 246 Cal.App.2d 113, 119-120, quoting
Caryl Richards, Inc. v. Superior Court (1961) 188 Cal.App.2d 300, 303-304 stated that:
One of the principle purposes of the Discovery Act is to enable a party to obtain evidence in the control of his adversaryin order to further the efficient, economical disposition of cases according to right and justice on the merits. ….The statute is to be liberally interpreted so that it may accomplish its purpose. [Emphasis Added.]
Patrick Baghdaserians, CFLS
Family Law Attorney and Expert Located in Pasadena, CA