California’s New Mandatory Initial Disclosures Shift the Dynamics of Litigation Strategy

California has made an amendment to its Code of Civil Procedure that mandates parties to provide crucial information within 60 days of a demand for cases filed after January 1, 2024, according to Bloomberg Law. This new rule will enforce mandatory initial disclosures upon demand, which advocates believe will streamline the discovery process, reduce costs, and help manage the case better. Although the new rule is similar to the federal rules, it broadens the scope of required disclosures, creating the potential for plaintiffs to benefit.

The amendment’s goal is to prevent perceived discovery abuses by ensuring timely access to critical information, enhancing early case evaluation, and reducing the need for extensive written discovery. However, some may argue that the breadth of disclosure required might go beyond what is reasonable, and plaintiffs could exploit the lack of a requirement to compute damages upfront.

Several other states have already implemented similar disclosure mandates, with some being more expansive than federal rules. With this change, attorneys and their clients in California must be prepared to adapt to these new requirements and emphasize early preparation and strategic planning. Failure to comply might result in sanctions, urging attorneys to guide their clients in gathering relevant information promptly.

This shift necessitates a cultural change within the legal community towards early cooperation in the disclosure process. Assessing the effectiveness of these changes over the next three years will be crucial for future legal practice.