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Suing State and Local Government Agencies : Obtaining Evidence

A guide regarding the unique requirements for suing state and local government agencies under California law.

Two Ways to Obtain Evidence from State or Local Agencies - Introduction

In order to prove your case against a public agency at trial, you will need to present evidence to the court. This evidence that you need will often be in the possession of the public agency, such as contracts, investigative reports, photographs, videos, or agency policies and procedures. One of the advantages of suing a public agency is that there are two ways to obtain evidence from a public agency: 1) the California Civil Discovery Act, Code of Civil Procedure §§2016.010 to 2036.050, and 2) the California Public Records Act (CPRA), Cal Gov't Code §7920 to 7931.

Discovery is the legal process for exchange of information by the parties to a lawsuit, using methods such as written interrogatories and depositions. Discovery can be used by both parties and can only be used after a lawsuit has been filed.

The California Public Records Act is a process for requesting to inspect or copy government records at any time, whether or not a lawsuit has been filed. Unlike discovery, which can only be used after a lawsuit is filed, a CPRA request can be made prior to filing a lawsuit and can be used to help you determine if there is enough evidence to proceed with the lawsuit. 

Obtaining Evidence Using the California Public Records Act

 

For more information about the California Public Records Act, see our guide on Requesting Government Records, which includes an overview of the law, what records are covered, what agencies are covered, and how to make a request. The guide also provides sample request letters that you can download in the Resources tab. 

Obtaining Evidence Using Discovery

The discovery process allows a party to a lawsuit to obtain evidence from the other party. Discovery is governed by the California Discovery Act, found at Cal. Code of Civil Procedure §§2016 - 2036. Methods of discovery include:

  • Subpoenas 
  • Depositions (oral questioning of a witness)
  • Interrogatories (written questions)
  • Inspection demands (production of documents or electronic information, and inspection of tangible objects or land)
  • Physical or mental examinations
  • Request for admissions (written statements that the responding party is asked to admit or deny.

For more information about discovery, see the California Courts Self Help information about requesting discovery, and the chapter linked below from the Nolo book "Win Your Lawsuit." San Diego Law Library has a number of resources related to discovery in our print and electronic collections, see our online catalog to find specific titles.