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Rule 37 - Failure to make disclosures or to cooperate in discovery; sanctions (a) Motion for an Order Compelling Disclosure or Discovery. (1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery.
Rule 60 - Relief from a judgment or order (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.
Initial Disclosure Procedure The California Discovery Act now requires that all parties provide initial disclosures within 60 days of a demand by any party to the action or by court order. The parties can modify the disclosures by stipulation or choose not to make a demand.
Rule 35 - Physical and mental examinations (a) Order for an Examination. (1) In General. The court where the action is pending may order a party whose mental or physical condition-including blood group-is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.
Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorneys fees, incurred by other parties as a result of that failure. Since attorneys fees cannot ordinarily be awarded against the United States (28 U.S.C.
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The initial disclosures must be duly verified and identify all information, witnesses, and documents that support the disclosing partys claims or defenses. In addition, contractual agreements/arrangements and insurance policies that might influence the litigation outcome must also be disclosed.
A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.

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