QUESTION:
When surveilling, can the investigator take a video of you or note what you do inside your own or a friend’s house? Do I need to keep the shades closed if I want privacy? Is there any place that is off limits?
ANSWER:
Generally, discovery may be obtained on any NONPRIVILEGED information “that is relevant to the subject matter involved … ” The information requested need not meet the relevancy test for admissibility at trial. It is discoverable if it either would be admissible evidence OR “appears reasonably calculated to lead to the discovery of admissible evidence” [CCP § 2017.010].
Notwithstanding relevancy, however, the constitutional right of privacy may limit the scope of such discovery to protect the identities of the concerned parties. Even highly relevant, non-privileged information may be shielded from discovery if its disclosure would impair a person’s right of privacy under the California Constitution (Cal. Const. Art 1, § 1).
To know the rules and one’s rights in the processes involved in personal injury cases, work with a lawyer who is an expert in personal injury cases.