Rule 3.768. Discovery from unnamed class members

Cal. Rules of Court, rule 3.768

Current text effective January 1, 2007.

#(a) Types of discovery permitted

The following types of discovery may be sought, through service of a subpoena and without a court order, from a member of a class who is not a party representative or who has not appeared:

#(1) An oral deposition;

#(2) A written deposition; and

#(3) A deposition for production of business records and things.

#(b) Motion for protective order

A party representative, deponent, or other affected person may move for a protective order to preclude or limit the discovery.

#(c) Interrogatories require court order

A party may not serve interrogatories on a member of a class who is not a party representative or who has not appeared, without a court order.

#(d) Determination by court

In deciding whether to allow the discovery requested under (a) or (c), the court must consider, among other relevant factors:

#(1) The timing of the request;

#(2) The subject matter to be covered;

#(3) The materiality of the information being sought;

#(4) The likelihood that class members have such information;

#(5) The possibility of reaching factual stipulations that eliminate the need for such discovery;

#(6) Whether class representatives are seeking discovery on the subject to be covered; and

#(7) Whether discovery will result in annoyance, oppression, or undue burden or expense for the members of the class.

(Subd (d) amended effective January 1, 2007.)

#History

Rule 3.768 amended and renumbered effective January 1, 2007; adopted as rule 1858 effective January 1, 2002.

What this rule requires

Service and Proof of Service Rules

(1) An oral deposition;
(2) A written deposition; and
(3) A deposition for production of business records and things.
A party may not serve interrogatories on a member of a class who is not a party representative or who has not appeared, without a court order.

Official text: courts.ca.gov , checked October 19, 2026.