An important new discovery tool – demands for disclosure — are available for use in California state court employment lawsuits filed from January 1, 2024, and later. The demands significantly impact how employers and their counsel should prepare to defend California cases.
When served, the new demands require parties to disclose to one another all witnesses, documents and electronically stored information (ESI) that are “relevant to the subject matter of the action,” a requirement that is equally broad and burdensome in scope. Employers and their counsel can be required to make their disclosures to plaintiffs and their counsel quite early in litigation, namely, as soon as 60 days from when the employer files a response to plaintiff’s complaint or otherwise appears in the case.
Employers should consider their likely need to respond to plaintiffs’ demands for disclosure early in employment litigation in how they prepare for cases they expect to be filed and, in cases filed, from the outset in defending new actions.
For insights into the new discovery procedure and the practical takeaways, see our Alert here.
This post provides general information and does not constitute legal advice to any person with respect to any circumstance. This post does not create an attorney-client relationship with any person.
For more information on this topic, please contact Jeffrey S. Horton Thomas at jhortonthomas@foxrothschild.com or a member of the firm’s Labor & Employment Department.