Cal. R. 3.768

As amended through March 15, 2024
Rule 3.768 - Discovery from unnamed class members
(a) Types of discovery permitted

The following types of discovery may be sought, through service of a subpoena and without a court order, from a member of a class who is not a party representative or who has not appeared:

(1) An oral deposition;
(2) A written deposition; and
(3) A deposition for production of business records and things.
(b) Motion for protective order

A party representative, deponent, or other affected person may move for a protective order to preclude or limit the discovery.

(c) Interrogatories require court order

A party may not serve interrogatories on a member of a class who is not a party representative or who has not appeared, without a court order.

(d) Determination by court

In deciding whether to allow the discovery requested under (a) or (c), the court must consider, among other relevant factors:

(1) The timing of the request;
(2) The subject matter to be covered;
(3) The materiality of the information being sought;
(4) The likelihood that class members have such information;
(5) The possibility of reaching factual stipulations that eliminate the need for such discovery;
(6) Whether class representatives are seeking discovery on the subject to be covered; and
(7) Whether discovery will result in annoyance, oppression, or undue burden or expense for the members of the class.

Cal. R. Ct. 3.768

Rule 3.768 amended and renumbered effective 1/1/2007; adopted as rule 1858 effective 1/1/2002.