What is the role of the appeal court in making discovery rulings in the first instance?

California, United States of America


The following excerpt is from City of Costa Mesa v. Superior Court of Orange Cnty., E065582 (Cal. App. 2016):

Appellate courts are not well suited to making discovery rulings in the first instance. "Judges . . . have broad discretion in controlling the course of discovery and in making the various decisions necessitated by discovery proceedings" (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431), and we do best to entrust the trial court to make rulings in the first instance with the guidance we provide post. In the instant case, this is particularly true for the following reasons:

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