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)



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          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  
                                                                       




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               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
                                                                       




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           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)
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