When the balance swings in favor of disclosure the Court must limit the scope of discovery to the extent necessary for a fair resolution of the lawsuit. If you file a lawsuit that seeks damages for bodily injury medical records that relate to the injuries that you claim you sustained, as well as any prior medical records that relate to the same areas of your body that you claim were injured, must be disclosed. Similarly, a claim of mental or emotional distress will not result in a complete waiver of any privilege or right of privacy in your psychological records. Only a limited inquiry is permitted and disclosure will be compelled of only those matters directly relevant to the nature of the specific emotional or mental condition that is voluntarily disclosed in the pleadings or your answers to discovery requests. On Business Real Estate Insurance Investigations Fly Fishing California has instituted the Trial Delay Reduction Act.
Most cases settle.
Circumstances can intervene to hasten a trial. In addition, there are circumstances that may intervene to delay a trial such as stay orders, bankruptcy proceedings, illnesses of parties, unavailability of a courtroom, or military service by a defendant. How long you can wait before you file a lawsuit after your cause of action arises varies based on the gravaman fo your cause of action and may be extended if circumstances permit tolling of the statute of limitations. In some cases, you must bring suit in as little as one month after the cause of action arises such as in cases where you contest certain assessments levied by a municipality. In other cases there is no limitation such as in cases where to seek to recover property deposited with a bank evidenced by a certificate issued by an industrial loan company or credit union.