Contra Costa — ADR 602: Stipulation to Participate in Discovery Facilitator Program

Source: https://contracosta.courts.ca.gov/system/files/adr-602_discovery_facilitator_stipulation_fillable.pdf

Sparse pages use OCR; original PDF remains authoritative.

Superior Court of California, County of Contra Costa

☐ ☐ ☐ Martinez Pittsburg Richmond
725 Court 1000 Center 100 37 th
Street Drive Street
Martinez, CA Pittsburg, CA Richmond, CA
94553 94565 94805

STIPULATION TO

______________________________ PARTICIPATE IN DISCOVERY FACILITATOR VS. PROGRAM (DFP) AND TOLL RELATED FILING DEADLINES

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CASE NO.

The parties and respective counsel STIPULATE, UNDERSTAND and AGREE to participate in the Discovery Facilitator Program (DFP) under Local Rule 3.300 et seq.

For this reason, the parties and counsel further STIPULATE, UNDERSTAND and AGREE that any filing deadlines applicable to motions to compel discovery, and for which the parties may stipulate to tolling, shall be TOLLED from the period between the last execution date of this stipulation to and including the earlier of __ days after: 1) the date the Discovery Facilitator serves the “Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator” (Local Form ADR-616); 2) the date the Court confirms by order, or by notice from the Alternative Dispute Program Coordinator, that the matter will not proceed under the DFP; or 3) the date the Court otherwise confirms in writing that the parties’ participation in the DFP has terminated.

Filing deadlines to which this tolling period are applicable include, but are not limited to, those for Interrogatories (Code Civ. Proc. § 2030.300(c)), Requests for Demands for Inspection of Things or Documents (“Inspection Demand” or “Requests for Production”) (Code Civ. Proc. § 2031.310(c)), and Requests for Admission (Code Civ. Proc. §§ 2033.290(c)).

Tolling under this stipulation shall not apply to motions pursuant to Code of Civil Procedure section 2025.480(b), which does not allow for extensions of the 60-day deadline for filing motions. Therefore, parties who participate in the DFP program must adhere to the 60-day rule.

ADR-602 Stipulation to Participate in Discovery Facilitator Program and Toll Related Filing Deadlines (Mandatory) Rev. 6/2/2023 Page 1

SO STIPULATED.

Plaintiff Defendant

PRINT NAME PRINT NAME

SIGNATURE SIGNATURE

DATE DATE

Plaintiff Defendant

PRINT NAME PRINT NAME

SIGNATURE SIGNATURE

DATE DATE

EACH PARTY MUST SIGN THIS FORM. USE ADDITIONAL PAGES FOR MULTIPLE PLAINTIFFS OR DEFENDANTS.

ADR-602 Stipulation to Participate in Discovery Facilitator Program and Toll Related Filing Deadlines (Mandatory) Rev. 6/2/2023 Page 2

Do I have to sign this form? No, you are not required to sign this form. If you decide to sign this form and participate in the DFP (Discovery Facilitator Program), your case may be given calendaring priority if a motion to compel is filed.

Why am I asked to sign this form? The court no longer mandates participation in the DFP for non-exempt civil discovery motions. The program is now discretionary, and your stipulation is required to show your understanding and agreement to waive the relevant deadlines, where permitted, applicable to discovery motions to permit participation in the program.

This form is mandatory. If you decide to participate in the DFP, you must sign this stipulation. No other versions will be accepted for filing.

Where should I send this form? This form along the Request For Assignment of Discovery Facilitator should be emailed to adrdiscoveryfacilitator@contracosta.courts.ca.gov.

What about motions where the deadline is “promptly” – such as motions for protective order under Code of Civil Procedure section 2025.420? For motions not subject to a fixed deadline for filing but which must be filed promptly, no tolling is required. In these circumstances, the court will consider calendaring priority on a case by case basis.

Additional questions regarding the DFP should be directed to the ADR Program Coordinator at adrdiscoveryfacilitator@contracosta.courts.ca.gov.

ADR-602 Stipulation to Participate in Discovery Facilitator Program and Toll Related Filing Deadlines (Mandatory) Rev. 6/2/2023 Page 3