BILL ANALYSIS SENATE JUDICIARY COMMITTEE Martha M. Escutia, Chair 2003-2004 Regular Session AB 3081 A Author: Assembly Member Corbett B As Introduced Hearing Date: June 1, 2004 3 Code of Civil Procedure 0 KH 8 1 SUBJECT Civil Discovery DESCRIPTION This bill would reorganize the statutes governing civil discovery into short sections closely tracking the existing language and sequencing. BACKGROUND In 2003, the Legislature directed the California Law Revision Commission (CLRC) to study discovery in civil cases. [ACR 123 (Wayne), Stats. 2002, Res. Ch. 166.] CLRC issued its Recommendation in September 2003, recommending no substantive changes, only a reorganization of the statutes governing civil discovery into short sections closely tracking the existing language and sequencing. This bill results from the CLRC Recommendation. CHANGES TO EXISTING LAW Existing law specifies the manner and methods of discovery in civil actions and cases. [Civil Discovery Act of 1986, Code Civ. Proc. Sec. 2016 et seq.] This bill would effect a non-substantive reorganization of the Sections to make the statutes more user-friendly and (more) AB 3081 (Assembly Committee on Judiciary) Page 2 facilitating amendment and sound development of the law. COMMENT 1.Stated need for the bill In its Recommendation, the CLRC states that the statutes governing civil discovery are logically organized but are difficult to use due to their length and complexity. For example, Code of Civil Procedure Section 2025 currently consists of 22 subdivisions, 705 paragraphs, and 8,148 words. CLRC states the "reorganization will enhance readability for courts and practitioners, and assist them in interpreting and following the law. Breaking the law into shorter, more comprehensible segments will enable a person to readily locate pertinent provisions by using a table of contents . . . ." CLRC states that reorganization will have other benefits, too: (1) It will simplify the legislative process for amending the statute in the future. Under existing law, a bill to amend a provision of the discovery statute is lengthy even if it proposes only a minor revision. This makes the legislative process more burdensome than it would be if the bill were short. (2) It will lead to better legislation, because it facilitates insertion of new statutory material. (3) It will conform the discovery statute to modern drafting techniques adopted by the California Code Commission, the Legislature, the Legislative Counsel, and the Law Revision Commission. CLRC describes the methodology of the proposed reform as follows: To minimize disruption to courts and practitioners, the proposed legislation would closely track existing AB 3081 (Assembly Committee on Judiciary) Page 3 law. The existing article on civil discovery in the Code of Civil Procedure would be recast as a title. In general, each section of the existing article would become a chapter, with its subdivisions becoming individual sections grouped, in some cases, as articles. Each chapter would retain the same base number as the section from which it derived. For example, the substance of existing Section 2028 (deposition by written questions) would be divided into Sections 2028.010-2028.080, which would be grouped into a chapter entitled "Deposition By Written Questions." The proposed legislation would generally use the same wording as in the existing provisions. Some revisions would be made to eliminate redundancies. Other revisions would be made to improve grammar or clarity, correct mistakes, conform cross-references, and comply with current drafting conventions. A Comment to each new section would state the derivation of the provision, and a Disposition Table would show the disposition of each section being repealed. These would be published along with the statutory text, to assist persons using the new law. Cross-references in other statutes to the discovery provisions would be conformed to the new numbering scheme. The Commission has taken care to ensure that the proposed revisions are strictly nonsubstantive. The intent of the proposal is not to alter existing rights and duties relating to civil discovery. Rather, the reform would preserve existing procedures, but make the law more clear and accessible, and promote sound development of the law in the future. Support: None Known Opposition: None Known HISTORY Source: California Law Revision Commission AB 3081 (Assembly Committee on Judiciary) Page 4 Related Pending Legislation: AB 3078 (Assembly Judiciary Committee) (would amend two sections of the Civil Discovery Act and would require double-jointing language to be sure substantive amendments of AB 3078 are captured in the renumbered sections of AB 3081) AB 1143 (Simitian); AB 1249 (Pacheco); AB 1912 (Richman); AB 2084 (Montanez); AB 2109 (Chu); AB 2202 (Pacheco); AB 2211 (Plescia); AB 2584 (Chu & Levine); AB 2870 (Mullin); AB 3078 (Assembly Committee on Judiciary); AB 3079 (Assembly Committee on Judiciary); AB 4X 15 (Vargas); SB 1067 (Speier); SB 1465 (Kuehl); SB 1571 (Alpert); SB 1747 (Ackerman); SB 1876 (Alpert); SB 4X 2 (Speier) (the substance of these bills does not conflict with AB 3081, but contain cross-references to various code sections; a clean-up bill may be required next session in the event some cross-references are not accurately reflected) Prior Legislation: None Known Prior Vote: Assembly Judiciary Committee 11-0 (consent); Assembly Floor 71-0 (consent) **************