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Appellate Practice
Apr. 6, 2000
Resetting the Clock
Resetting the Clock Discovery Timeline Automatically Restarts at New Retrial Date
James C. Martin
Partner, Reed Smith LLP
Phone: (213) 457-8002
Email: jcmartin@reedsmith.com
James is in the firm's Appellate Group, resident in the Los Angeles and Pittsburgh offices. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.
Benjamin G. Shatz
Partner, Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
When a case is reversed on appeal and remanded for a new trial, do the litigants get to renew discovery? Beginning in 1993, California law appeared to provide an unfettered opportunity to conduct additional discovery after remand, with a new discovery timeline automatically recalibrating based on the date set for retrial. Beverly Hospital v. Superior Court, 19 Cal.App.4th 1289 (1993).
However, a later court-of-appeal opinion - Fairmont Insurance Co. v. Superior Court,...