Judges and Judiciary
Sep. 15, 2016
The beast of burden: discovery rules
These rules — including those which puts the burden on the party complaining of burden — are designed to ensure judges don't get snowed by vacuous presentations. But even parties with good arguments tend to default to bad ones. By Curtis E.A. Karnow
Civic Center Courthouse
Curtis E.A. Karnow
Judge
San Francisco County Superior Court
Trials, Settlements
Judge Karnow is author of "Litigation in Practice" (2017) and current co-author of Weil & Brown et al., "California Practice Guide: Civil Procedure Before Trial" (Rutter).
A while back I came through a rough patch on discovery motions in a series of cases. Well, maybe the parties had the rough patch. Some resisted discovery demands on the basis of burden - the most common argument made. In some of these cases, I saw that the proof of burden was flawed, and at the same time I had gnawing sense that there really might be severe burdens involved, and that I risked issuing orders impossible to comp...
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