BlackletterCalifornia law

TITLE 4. CIVIL DISCOVERY ACT [2016.010. - 2036.050.]

Title 4 added by Stats. 2004, Ch. 182, Sec. 23.

§§ 2016.010–2036.050 · 232 sections

  1. CHAPTER 1. General Provisions §§ 2016.010–2016.090 · 8 sections
    • § 2016.010 This title may be cited as the “Civil Discovery Act.”
    • § 2016.020 As used in this title: (a) “Action” includes a civil action and a special proceeding of a civil nature. (b) “Court” means the trial court in which the action…
    • § 2016.030 Unless the court orders otherwise, the parties may by written stipulation modify the procedures provided by this title for any method of discovery permitted…
    • § 2016.040 (a) A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt, either in person, by telephone, or by…
    • § 2016.050 Sections 1011 and 1013 apply to any method of discovery or service of a motion provided for in this title.
    • § 2016.060 When the last day to perform or complete any act provided for in this title falls on a Saturday, Sunday, or holiday as specified in Section 10, the time limit…
    • § 2016.070 This title applies to discovery in aid of enforcement of a money judgment only to the extent provided in Article 1 (commencing with Section 708.010) of Chapter…
    • § 2016.090 (a) The following shall apply in a civil action unless modified by stipulation by all parties to the action: (1) Within 60 days of a demand by any party to the…
  2. CHAPTER 2. Scope of Discovery §§ 2017.010–2017.320 · 6 sections
    1. ARTICLE 1. General Provisions §§ 2017.010–2017.020 · 2 sections
      • § 2017.010 Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is…
      • § 2017.020 (a) The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood…
    2. ARTICLE 2. Scope of Discovery in Specific Contexts §§ 2017.210–2017.220 · 2 sections
      • § 2017.210 A party may obtain discovery of the existence and contents of any agreement under which any insurance carrier may be liable to satisfy in whole or in part a…
      • § 2017.220 (a) In any civil action alleging conduct that constitutes sexual harassment, sexual assault, or sexual battery, any party seeking discovery concerning the…
    3. ARTICLE 3. Violation of the Elder Abuse and Dependent Adult Civil Protection Act §§ 2017.310–2017.320 · 2 sections
      • § 2017.310 (a) Notwithstanding any other provision of law, it is the policy of the State of California that confidential settlement agreements are disfavored in any civil…
      • § 2017.320 (a) In any civil action the factual foundation for which establishes a cause of action for a violation of the Elder Abuse and Dependent Adult Civil Protection…
  3. CHAPTER 3. Use of Technology in Conducting Discovery in a Complex Case
  4. CHAPTER 4. Attorney Work Product §§ 2018.010–2018.080 · 8 sections
    • § 2018.010 For purposes of this chapter, “client” means a “client” as defined in Section 951 of the Evidence Code.
    • § 2018.020 It is the policy of the state to do both of the following: (a) Preserve the rights of attorneys to prepare cases for trial with that degree of privacy…
    • § 2018.030 (a) A writing that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances. (b)…
    • § 2018.040 This chapter is intended to be a restatement of existing law relating to protection of work product. It is not intended to expand or reduce the extent to which…
    • § 2018.050 Notwithstanding Section 2018.040, when a lawyer is suspected of knowingly participating in a crime or fraud, there is no protection of work product under this…
    • § 2018.060 Nothing in this chapter is intended to limit an attorney’s ability to request an in camera hearing as provided for in People v. Superior Court (Laff) (2001) 25…
    • § 2018.070 (a) The State Bar may discover the work product of an attorney against whom disciplinary charges are pending when it is relevant to issues of breach of duty by…
    • § 2018.080 In an action between an attorney and a client or a former client of the attorney, no work product privilege under this chapter exists if the work product is…
  5. CHAPTER 5. Methods and Sequence of Discovery §§ 2019.010–2019.210 · 5 sections
    1. ARTICLE 1. General Provisions §§ 2019.010–2019.040 · 4 sections
      • § 2019.010 Any party may obtain discovery by one or more of the following methods: (a) Oral and written depositions. (b) Interrogatories to a party. (c) Inspections of…
      • § 2019.020 (a) Except as otherwise provided by a rule of the Judicial Council, a local court rule, or a local uniform written policy, the methods of discovery may be used…
      • § 2019.030 (a) The court shall restrict the frequency or extent of use of a discovery method provided in Section 2019.010 if it determines either of the following: (1)…
      • § 2019.040 (a) When any method of discovery permits the production, inspection, copying, testing, or sampling of documents or tangible things, that method shall also…
    2. ARTICLE 2. Methods and Sequence of Discovery in Specific Contexts § 2019.210 · 1 section
      • § 2019.210 In any action alleging the misappropriation of a trade secret under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division…
  6. CHAPTER 6. Nonparty Discovery §§ 2020.010–2020.510 · 13 sections
    1. ARTICLE 1. General Provisions §§ 2020.010–2020.030 · 3 sections
      • § 2020.010 (a) Any of the following methods may be used to obtain discovery within the state from a person who is not a party to the action in which the discovery is…
      • § 2020.020 A deposition subpoena may command any of the following: (a) Only the attendance and the testimony of the deponent, under Article 3 (commencing with Section…
      • § 2020.030 Except as modified in this chapter, the provisions of Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of this code, and of Article 4 (commencing…
    2. ARTICLE 2. Procedures Applicable to All Types of Deposition Subpoenas §§ 2020.210–2020.240 · 4 sections
      • § 2020.210 (a) The clerk of the court in which the action is pending shall issue a deposition subpoena signed and sealed, but otherwise in blank, to a party requesting…
      • § 2020.220 (a) Subject to subdivision (c) of Section 2020.410, service of a deposition subpoena shall be effected a sufficient time in advance of the deposition to…
      • § 2020.230 (a) If a deposition subpoena requires the personal attendance of the deponent, under Article 3 (commencing with Section 2020.310) or Article 5 (commencing with…
      • § 2020.240 A deponent who disobeys a deposition subpoena in any manner described in subdivision (c) of Section 2020.220 may be punished for contempt under Chapter 7…
    3. ARTICLE 3. Subpoena Commanding Only Attendance and Testimony of the Deponent § 2020.310 · 1 section
      • § 2020.310 The following rules apply to a deposition subpoena that commands only the attendance and the testimony of the deponent: (a) The subpoena shall specify the time…
    4. ARTICLE 4. Subpoena Commanding Only Production of Business Records for Copying §§ 2020.410–2020.440 · 4 sections
      • § 2020.410 (a) A deposition subpoena that commands only the production of business records for copying shall designate the business records to be produced either by…
      • § 2020.420 The officer for a deposition seeking discovery only of business records for copying under this article shall be a professional photocopier registered under…
      • § 2020.430 (a) Except as provided in subdivision (e), if a deposition subpoena commands only the production of business records for copying, the custodian of the records…
      • § 2020.440 Promptly on or after the deposition date and after the receipt or the making of a copy of business records under this article, the deposition officer shall…
    5. ARTICLE 5. Subpoena Commanding Both Production of Business Records and Attendance and Testimony of the Deponent § 2020.510 · 1 section
      • § 2020.510 (a) A deposition subpoena that commands the attendance and the testimony of the deponent, as well as the production of business records, documents,…
  7. CHAPTER 7. Sanctions §§ 2023.010–2023.050 · 5 sections
    • § 2023.010 Misuses of the discovery process include, but are not limited to, the following: (a) Persisting, over objection and without substantial justification, in an…
    • § 2023.020 Notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to…
    • § 2023.030 To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected…
    • § 2023.040 A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type…
    • § 2023.050 (a) Notwithstanding any other law, and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose a one-thousand-dollar ($1,000)…
  8. CHAPTER 8. Time for Completion of Discovery §§ 2024.010–2024.060 · 6 sections
    • § 2024.010 As used in this chapter, discovery is considered completed on the day a response is due or on the day a deposition begins.
    • § 2024.020 (a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day,…
    • § 2024.030 Any party shall be entitled as a matter of right to complete discovery proceedings pertaining to a witness identified under Chapter 18 (commencing with Section…
    • § 2024.040 (a) The time limit on completing discovery in an action to be arbitrated under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 is subject to…
    • § 2024.050 (a) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial…
    • § 2024.060 Parties to an action may, with the consent of any party affected by it, enter into an agreement to extend the time for the completion of discovery proceedings…
  9. CHAPTER 9. Oral Deposition Inside California §§ 2025.010–2025.620 · 32 sections
    1. ARTICLE 1. General Provisions § 2025.010 · 1 section
      • § 2025.010 Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter…
    2. ARTICLE 2. Deposition Notice §§ 2025.210–2025.295 · 10 sections
      • § 2025.210 Subject to Sections 2025.270 and 2025.610, an oral deposition may be taken as follows: (a) The defendant may serve a deposition notice without leave of court…
      • § 2025.220 (a) A party desiring to take the oral deposition of any person shall give notice in writing. The deposition notice shall state all of the following, in at…
      • § 2025.230 If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is…
      • § 2025.240 (a) The party who prepares a notice of deposition shall give the notice to every other party who has appeared in the action. The deposition notice, or the…
      • § 2025.250 (a) Unless the court orders otherwise under Section 2025.260, the deposition of a natural person, whether or not a party to the action, shall be taken at a…
      • § 2025.260 (a) A party desiring to take the deposition of a natural person who is a party to the action or an officer, director, managing agent, or employee of a party…
      • § 2025.270 (a) An oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice. (b) Notwithstanding subdivision (a), in an…
      • § 2025.280 (a) The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director,…
      • § 2025.290 (a) Except as provided in subdivision (b), or by any court order, including a case management order, a deposition examination of the witness by all counsel,…
      • § 2025.295 (a) Notwithstanding Section 2025.290, in any civil action for injury or illness that results in mesothelioma or silicosis, a deposition examination of the…
    3. ARTICLE 3. Conduct of Deposition §§ 2025.310–2025.340 · 4 sections
      • § 2025.310 (a) At the election of the deponent or the deposing party, the deposition officer may attend the deposition at a different location than the deponent via…
      • § 2025.320 Except as provided in Section 2020.420, the deposition shall be conducted under the supervision of an officer who is authorized to administer an oath and is…
      • § 2025.330 (a) The deposition officer shall put the deponent under oath or affirmation. (b) Unless the parties agree or the court orders otherwise, the testimony, as well…
      • § 2025.340 If a deposition is being recorded by means of audio or video technology by, or at the direction of, any party, the following procedure shall be observed: (a)…
    4. ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions §§ 2025.410–2025.480 · 8 sections
      • § 2025.410 (a) Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless…
      • § 2025.420 (a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective…
      • § 2025.430 If the party giving notice of a deposition fails to attend or proceed with it, the court shall impose a monetary sanction under Chapter 7 (commencing with…
      • § 2025.440 (a) If a deponent does not appear for a deposition because the party giving notice of the deposition failed to serve a required deposition subpoena, the court…
      • § 2025.450 (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by…
      • § 2025.460 (a) The protection of information from discovery on the ground that it is privileged or that it is a protected work product under Chapter 4 (commencing with…
      • § 2025.470 The deposition officer may not suspend the taking of testimony without the stipulation of all parties present unless any party attending the deposition,…
      • § 2025.480 (a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent’s control…
    5. ARTICLE 5. Transcript or Recording §§ 2025.510–2025.570 · 7 sections
      • § 2025.510 (a) Unless the parties agree otherwise, the testimony at a deposition recorded by stenographic means shall be transcribed. (b) The party noticing the…
      • § 2025.520 (a) If the deposition testimony is stenographically recorded, the deposition officer shall send written notice to the deponent and to all parties attending the…
      • § 2025.530 (a) If there is no stenographic transcription of the deposition, the deposition officer shall send written notice to the deponent and to all parties attending…
      • § 2025.540 (a) The deposition officer shall certify on the transcript of the deposition, or in a writing accompanying an audio or video record of deposition testimony, as…
      • § 2025.550 (a) The certified transcript of a deposition shall not be filed with the court. Instead, the deposition officer shall securely seal that transcript in an…
      • § 2025.560 (a) An audio or video recording of deposition testimony made by, or at the direction of, any party, including a certified recording made by an operator…
      • § 2025.570 (a) Notwithstanding subdivision (b) of Section 2025.320, unless the court issues an order to the contrary, a copy of the transcript of the deposition testimony…
    6. ARTICLE 6. Post-Deposition Procedures §§ 2025.610–2025.620 · 2 sections
      • § 2025.610 (a) Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who…
      • § 2025.620 At the trial or any other hearing in the action, any part or all of a deposition may be used against any party who was present or represented at the taking of…
  10. CHAPTER 10. Oral Deposition Outside California §§ 2026.010–2027.010 · 2 sections
    • § 2026.010 (a) Any party may obtain discovery by taking an oral deposition, as described in Section 2025.010, in another state of the United States, or in a territory or…
    • § 2027.010 (a) Any party may obtain discovery by taking an oral deposition, as described in Section 2025.010, in a foreign nation. Except as modified in this section, the…
  11. CHAPTER 11. Deposition by Written Questions §§ 2028.010–2028.080 · 8 sections
    • § 2028.010 Any party may obtain discovery by taking a deposition by written questions instead of by oral examination. Except as modified in this chapter, the procedures…
    • § 2028.020 The notice of a written deposition shall comply with Sections 2025.220 and 2025.230, and with subdivision (c) of Section 2020.240, except as follows: (a) The…
    • § 2028.030 (a) The questions to be propounded to the deponent by direct examination shall accompany the notice of a written deposition. (b) Within 30 days after the…
    • § 2028.040 (a) A party who objects to the form of any question shall serve a specific objection to that question on all parties entitled to notice of the deposition…
    • § 2028.050 (a) A party who objects to any question on the ground that it calls for information that is privileged or is protected work product under Chapter 4 (commencing…
    • § 2028.060 (a) The party taking a written deposition may forward to the deponent a copy of the questions on direct examination for study prior to the deposition. (b) No…
    • § 2028.070 In addition to any appropriate order listed in Section 2025.420, the court may order any of the following: (a) That the deponent’s testimony be taken by oral,…
    • § 2028.080 The party taking a written deposition shall deliver to the officer designated in the deposition notice a copy of that notice and of all questions served under…
  12. CHAPTER 12. Discovery in Action Pending Outside California §§ 2029.100–2029.900 · 16 sections
    1. ARTICLE 1. Interstate and International Depositions and Discovery Act §§ 2029.100–2029.900 · 16 sections
      • § 2029.100 This article may be cited as the Interstate and International Depositions and Discovery Act.
      • § 2029.200 In this article: (a) “Foreign jurisdiction” means either of the following: (1) A state other than this state. (2) A foreign nation. (b) “Foreign penal civil…
      • § 2029.300 (a) To request issuance of a subpoena under this section, a party shall submit the original or a true and correct copy of a foreign subpoena to the clerk of…
      • § 2029.350 (a) Notwithstanding Sections 1986 and 2029.300, if a party to a proceeding pending in a foreign jurisdiction retains an attorney licensed to practice in this…
      • § 2029.390 On or before January 1, 2010, the Judicial Council shall do all of the following: (a) Prepare an application form to be used for purposes of Section 2029.300.…
      • § 2029.400 A subpoena issued under this article shall be personally served in compliance with the law of this state, including, without limitation, Section 1985.
      • § 2029.500 Titles 3 (commencing with Section 1985) and 4 (commencing with Section 2016.010) of Part 4, and any other law or court rule of this state governing a…
      • § 2029.600 (a) If a dispute arises relating to discovery under this article, any request for a protective order or to enforce, quash, or modify a subpoena, or for other…
      • § 2029.610 (a) On filing a petition under Section 2029.600, a petitioner who is a party to the out-of-state proceeding shall pay a first appearance fee as specified in…
      • § 2029.620 (a) If a petition has been filed under Section 2029.600 and another dispute later arises relating to discovery being conducted in the same county for purposes…
      • § 2029.630 A petition under Section 2029.600 or Section 2029.620 is subject to the requirements of Section 1005 relating to notice and to filing and service of papers.
      • § 2029.640 If a party to a proceeding pending in a foreign jurisdiction seeks discovery from a witness in this state by properly issued notice or by agreement, it is not…
      • § 2029.650 (a) If a superior court issues an order granting, denying, or otherwise resolving a petition under Section 2029.600 or 2029.620, a person aggrieved by the…
      • § 2029.700 (a) Sections 2029.100, 2029.200, 2029.300, 2029.400, 2029.500, 2029.600, 2029.800, 2029.900, and this section, collectively, constitute and may be referred to…
      • § 2029.800 This article applies to requests for discovery in cases pending on or after the operative date of this section.
      • § 2029.900 Section 2029.390 is operative on January 1, 2009. The remainder of this article is operative on January 1, 2010.
  13. CHAPTER 13. Written Interrogatories §§ 2030.010–2030.410 · 21 sections
    1. ARTICLE 1. Propounding Interrogatories §§ 2030.010–2030.090 · 9 sections
      • § 2030.010 (a) Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in…
      • § 2030.020 (a) A defendant may propound interrogatories to a party to the action without leave of court at any time. (b) A plaintiff may propound interrogatories to a…
      • § 2030.030 (a) A party may propound to another party either or both of the following: (1) Thirty-five specially prepared interrogatories that are relevant to the subject…
      • § 2030.040 (a) Subject to the right of the responding party to seek a protective order under Section 2030.090, any party who attaches a supporting declaration as…
      • § 2030.050 Any party who is propounding or has propounded more than 35 specially prepared interrogatories to any other party shall attach to each set of those…
      • § 2030.060 (a) A party propounding interrogatories shall number each set of interrogatories consecutively. (b) In the first paragraph immediately below the title of the…
      • § 2030.070 (a) In addition to the number of interrogatories permitted by Sections 2030.030 and 2030.040, a party may propound a supplemental interrogatory to elicit any…
      • § 2030.080 (a) The party propounding interrogatories shall serve a copy of them on the party to whom the interrogatories are directed. (b) The propounding party shall…
      • § 2030.090 (a) When interrogatories have been propounded, the responding party, and any other party or affected natural person or organization may promptly move for a…
    2. ARTICLE 2. Response to Interrogatories §§ 2030.210–2030.310 · 11 sections
      • § 2030.210 (a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following: (1) An…
      • § 2030.220 (a) Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party…
      • § 2030.230 If the answer to an interrogatory would necessitate the preparation or the making of a compilation, abstract, audit, or summary of or from the documents of the…
      • § 2030.240 (a) If only a part of an interrogatory is objectionable, the remainder of the interrogatory shall be answered. (b) If an objection is made to an interrogatory…
      • § 2030.250 (a) The party to whom the interrogatories are directed shall sign the response under oath unless the response contains only objections. (b) If that party is a…
      • § 2030.260 (a) Within 30 days after service of interrogatories, the party to whom the interrogatories are propounded shall serve the original of the response to them on…
      • § 2030.270 (a) The party propounding interrogatories and the responding party may agree to extend the time for service of a response to a set of interrogatories, or to…
      • § 2030.280 (a) The interrogatories and the response thereto shall not be filed with the court. (b) The propounding party shall retain both the original of the…
      • § 2030.290 If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are…
      • § 2030.300 (a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that…
      • § 2030.310 (a) Without leave of court, a party may serve an amended answer to any interrogatory that contains information subsequently discovered, inadvertently omitted,…
    3. ARTICLE 3. Use of Interrogatory Answer § 2030.410 · 1 section
      • § 2030.410 At the trial or any other hearing in the action, so far as admissible under the rules of evidence, the propounding party or any party other than the responding…
  14. CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property §§ 2031.010–2031.510 · 20 sections
    1. ARTICLE 1. Inspection Demand §§ 2031.010–2031.060 · 6 sections
      • § 2031.010 (a) Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in…
      • § 2031.020 (a) A defendant may make a demand for inspection, copying, testing, or sampling without leave of court at any time. (b) A plaintiff may make a demand for…
      • § 2031.030 (a) (1) A party demanding inspection, copying, testing, or sampling shall number each set of demands consecutively. (2) A party demanding inspection, copying,…
      • § 2031.040 The party making a demand for inspection, copying, testing, or sampling shall serve a copy of the demand on the party to whom it is directed and on all other…
      • § 2031.050 (a) In addition to the demands for inspection, copying, testing, or sampling permitted by this chapter, a party may propound a supplemental demand to inspect,…
      • § 2031.060 (a) When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party…
    2. ARTICLE 2. Response to Inspection Demand §§ 2031.210–2031.320 · 13 sections
      • § 2031.210 (a) The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any…
      • § 2031.220 A statement that the party to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall state…
      • § 2031.230 A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a…
      • § 2031.240 (a) If only part of an item or category of item in a demand for inspection, copying, testing, or sampling is objectionable, the response shall contain a…
      • § 2031.250 (a) The party to whom the demand for inspection, copying, testing, or sampling is directed shall sign the response under oath unless the response contains only…
      • § 2031.260 (a) Within 30 days after service of a demand for inspection, copying, testing, or sampling, the party to whom the demand is directed shall serve the original…
      • § 2031.270 (a) The party demanding inspection, copying, testing, or sampling and the responding party may agree to extend the date for the inspection, copying, testing,…
      • § 2031.280 (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific…
      • § 2031.285 (a) If electronically stored information produced in discovery is subject to a claim of privilege or of protection as attorney work product, the party making…
      • § 2031.290 (a) The demand for inspection, copying, testing, or sampling, and the response to it, shall not be filed with the court. (b) The party demanding an inspection,…
      • § 2031.300 If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply:…
      • § 2031.310 (a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response…
      • § 2031.320 (a) If a party filing a response to a demand for inspection, copying, testing, or sampling under Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280…
    3. ARTICLE 3. Inspection and Production of Documents and Other Property in Specific Contexts § 2031.510 · 1 section
      • § 2031.510 (a) In any action, regardless of who is the moving party, where the boundary of land patented or otherwise granted by the state is in dispute, or the validity…
  15. CHAPTER 15. Physical or Mental Examination §§ 2032.010–2032.650 · 21 sections
    1. ARTICLE 1. General Provisions §§ 2032.010–2032.020 · 2 sections
      • § 2032.010 (a) This chapter does not affect genetic testing under Chapter 2 (commencing with Section 7550) of Part 2 of Division 12 of the Family Code. (b) This chapter…
      • § 2032.020 (a) Any party may obtain discovery, subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by means of a physical or mental…
    2. ARTICLE 2. Physical Examination of Personal Injury Plaintiff §§ 2032.210–2032.260 · 6 sections
      • § 2032.210 As used in this article, “plaintiff” includes a cross-complainant, and “defendant” includes a cross-defendant.
      • § 2032.220 (a) In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of…
      • § 2032.230 (a) The plaintiff to whom a demand for a physical examination under this article is directed shall respond to the demand by a written statement that the…
      • § 2032.240 (a) If a plaintiff to whom a demand for a physical examination under this article is directed fails to serve a timely response to it, that plaintiff waives any…
      • § 2032.250 (a) If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff’s response to that demand, deems that any…
      • § 2032.260 (a) The demand for a physical examination under this article and the response to it shall not be filed with the court. (b) The defendant shall retain both the…
    3. ARTICLE 3. Motion for Physical or Mental Examination §§ 2032.310–2032.340 · 3 sections
      • § 2032.310 (a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a…
      • § 2032.320 (a) The court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown. (b) If a party stipulates as provided…
      • § 2032.340 (a) If any action involving allegations of sexual abuse of a minor, including any act listed in paragraphs (1) to (3), inclusive, of subdivision (a) of Section…
    4. ARTICLE 4. Failure To Submit To or Produce Another for Physical or Mental Examination §§ 2032.410–2032.420 · 2 sections
      • § 2032.410 If a party is required to submit to a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with Section…
      • § 2032.420 If a party is required to produce another for a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with…
    5. ARTICLE 5. Conduct of Examination §§ 2032.510–2032.530 · 3 sections
      • § 2032.510 (a) The attorney for the examinee or for a party producing the examinee, or that attorney’s representative, shall be permitted to attend and observe any…
      • § 2032.520 If an examinee submits or authorizes access to X-rays of any area of his or her body for inspection by the examining physician, no additional X-rays of that…
      • § 2032.530 (a) The examiner and examinee shall have the right to record a mental examination by audio technology. (b) Nothing in this title shall be construed to alter,…
    6. ARTICLE 6. Reports of Examination §§ 2032.610–2032.650 · 5 sections
      • § 2032.610 (a) If a party submits to, or produces another for, a physical or mental examination in compliance with a demand under Article 2 (commencing with Section…
      • § 2032.620 (a) If the party at whose instance an examination was made fails to make a timely delivery of the reports demanded under Section 2032.610, the demanding party…
      • § 2032.630 By demanding and obtaining a report of a physical or mental examination under Section 2032.610 or 2032.620, or by taking the deposition of the examiner, other…
      • § 2032.640 A party receiving a demand for a report under Section 2032.610 is entitled at the time of compliance to receive in exchange a copy of any existing written…
      • § 2032.650 (a) If a party who has demanded and received delivery of medical reports under Section 2032.610 fails to deliver existing or later reports of previous or…
  16. CHAPTER 16. Requests for Admission §§ 2033.010–2033.420 · 20 sections
    1. ARTICLE 1. Requests For Admission §§ 2033.010–2033.080 · 8 sections
      • § 2033.010 Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter…
      • § 2033.020 (a) A defendant may make requests for admission by a party without leave of court at any time. (b) A plaintiff may make requests for admission by a party…
      • § 2033.030 (a) No party shall request, as a matter of right, that any other party admit more than 35 matters that do not relate to the genuineness of documents. If the…
      • § 2033.040 (a) Subject to the right of the responding party to seek a protective order under Section 2033.080, any party who attaches a supporting declaration as…
      • § 2033.050 Any party who is requesting or who has already requested more than 35 admissions not relating to the genuineness of documents by any other party shall attach…
      • § 2033.060 (a) A party requesting admissions shall number each set of requests consecutively. (b) In the first paragraph immediately below the title of the case, there…
      • § 2033.070 The party requesting admissions shall serve a copy of them on the party to whom they are directed and on all other parties who have appeared in the action.
      • § 2033.080 (a) When requests for admission have been made, the responding party may promptly move for a protective order. This motion shall be accompanied by a meet and…
    2. ARTICLE 2. Response to Requests For Admission §§ 2033.210–2033.300 · 10 sections
      • § 2033.210 (a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request. (b) Each response shall answer…
      • § 2033.220 (a) Each answer in a response to requests for admission shall be as complete and straightforward as the information reasonably available to the responding…
      • § 2033.230 (a) If only a part of a request for admission is objectionable, the remainder of the request shall be answered. (b) If an objection is made to a request or to…
      • § 2033.240 (a) The party to whom the requests for admission are directed shall sign the response under oath, unless the response contains only objections. (b) If that…
      • § 2033.250 (a) Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the…
      • § 2033.260 (a) The party requesting admissions and the responding party may agree to extend the time for service of a response to a set of admission requests, or to…
      • § 2033.270 (a) The requests for admission and the response to them shall not be filed with the court. (b) The party requesting admissions shall retain both the original…
      • § 2033.280 If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for…
      • § 2033.290 (a) On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party…
      • § 2033.300 (a) A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties. (b) The…
    3. ARTICLE 3. Effect of Admission §§ 2033.410–2033.420 · 2 sections
      • § 2033.410 (a) Any matter admitted in response to a request for admission is conclusively established against the party making the admission in the pending action, unless…
      • § 2033.420 (a) If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under this chapter, and if the party…
  17. CHAPTER 17. Form Interrogatories and Requests for Admission §§ 2033.710–2033.740 · 4 sections
    • § 2033.710 The Judicial Council shall develop and approve official form interrogatories and requests for admission of the genuineness of any relevant documents or of the…
    • § 2033.720 (a) The Judicial Council shall develop and approve official form interrogatories for use by a victim who has not received complete payment of a restitution…
    • § 2033.730 (a) In developing the form interrogatories and requests for admission required by Sections 2033.710 and 2033.720, the Judicial Council shall consult with a…
    • § 2033.740 (a) Use of the form interrogatories and requests for admission approved by the Judicial Council shall be optional. (b) The form interrogatories and requests…
  18. CHAPTER 18. Simultaneous Exchange of Expert Witness Information §§ 2034.010–2034.730 · 26 sections
    1. ARTICLE 1. General Provisions § 2034.010 · 1 section
      • § 2034.010 This chapter does not apply to exchanges of lists of experts and valuation data in eminent domain proceedings under Chapter 7 (commencing with Section…
    2. ARTICLE 2. Demand for Exchange of Expert Witness Information §§ 2034.210–2034.310 · 11 sections
      • § 2034.210 After the setting of the initial trial date for the action, any party may obtain discovery by demanding that all parties simultaneously exchange information…
      • § 2034.220 Any party may make a demand for an exchange of information concerning expert trial witnesses without leave of court. A party shall make this demand no later…
      • § 2034.230 (a) A demand for an exchange of information concerning expert trial witnesses shall be in writing and shall identify, below the title of the case, the party…
      • § 2034.240 The party demanding an exchange of information concerning expert trial witnesses shall serve the demand on all parties who have appeared in the action.
      • § 2034.250 (a) A party who has been served with a demand to exchange information concerning expert trial witnesses may promptly move for a protective order. This motion…
      • § 2034.260 (a) All parties who have appeared in the action shall exchange information concerning expert witnesses in writing on or before the date of exchange specified…
      • § 2034.270 If a demand for an exchange of information concerning expert trial witnesses includes a demand for production of reports and writings as described in…
      • § 2034.280 (a) Within 20 days after the exchange described in Section 2034.260, any party who engaged in the exchange may submit a supplemental expert witness list…
      • § 2034.290 (a) A demand for an exchange of information concerning expert trial witnesses, and any expert witness lists and declarations exchanged shall not be filed with…
      • § 2034.300 Except as provided in Section 2034.310 and in Articles 4 (commencing with Section 2034.610) and 5 (commencing with Section 2034.710), on objection of any party…
      • § 2034.310 A party may call as a witness at trial an expert not previously designated by that party if either of the following conditions is satisfied: (a) That expert…
    3. ARTICLE 3. Deposition of Expert Witness §§ 2034.410–2034.470 · 8 sections
      • § 2034.410 On receipt of an expert witness list from a party, any other party may take the deposition of any person on the list. The procedures for taking oral and…
      • § 2034.415 An expert described in subdivision (b) of Section 2034.210 whose deposition is noticed pursuant to Section 2025.220 shall, no later than three business days…
      • § 2034.420 The deposition of any expert described in subdivision (b) of Section 2034.210 shall be taken at a place that is within 75 miles of the courthouse where the…
      • § 2034.430 (a) Except as provided in subdivision (f), this section applies to an expert witness, other than a party or an employee of a party, who is any of the…
      • § 2034.440 The party designating an expert is responsible for any fee charged by the expert for preparing for a deposition and for traveling to the place of the…
      • § 2034.450 (a) The party taking the deposition of an expert witness shall either accompany the service of the deposition notice with a tender of the expert’s fee based on…
      • § 2034.460 (a) The service of a proper deposition notice accompanied by the tender of the expert witness fee described in Section 2034.430 is effective to require the…
      • § 2034.470 (a) If a party desiring to take the deposition of an expert witness under this article deems that the hourly or daily fee of that expert for providing…
    4. ARTICLE 4. Motion To Augment or Amend Expert Witness List or Declaration §§ 2034.610–2034.630 · 3 sections
      • § 2034.610 (a) On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to do either or both of the following:…
      • § 2034.620 The court shall grant leave to augment or amend an expert witness list or declaration only if all of the following conditions are satisfied: (a) The court has…
      • § 2034.630 The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes…
    5. ARTICLE 5. Motion To Submit Tardy Expert Witness Information §§ 2034.710–2034.730 · 3 sections
      • § 2034.710 (a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave…
      • § 2034.720 The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: (a) The court has taken into…
      • § 2034.730 The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes…
  19. CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action §§ 2035.010–2035.060 · 6 sections
    • § 2035.010 (a) One who expects to be a party or expects a successor in interest to be a party to an action that may be cognizable in a court of the state, whether as a…
    • § 2035.020 The methods available for discovery conducted for the purposes set forth in Section 2035.010 are all of the following: (a) Oral and written depositions. (b)…
    • § 2035.030 (a) One who desires to perpetuate testimony or preserve evidence for the purposes set forth in Section 2035.010 shall file a verified petition in the superior…
    • § 2035.040 (a) The petitioner shall cause service of a notice of the petition under Section 2035.030 to be made on each natural person or organization named in the…
    • § 2035.050 (a) If the court determines that all or part of the discovery requested under this chapter may prevent a failure or delay of justice, it shall make an order…
    • § 2035.060 If a deposition to perpetuate testimony has been taken either under the provisions of this chapter, or under comparable provisions of the laws of the state in…
  20. CHAPTER 20. Perpetuation of Testimony or Preservation of Information Pending Appeal §§ 2036.010–2036.050 · 5 sections
    • § 2036.010 If an appeal has been taken from a judgment entered by a court of the state, or if the time for taking an appeal has not expired, a party may obtain discovery…
    • § 2036.020 The methods available for discovery for the purpose set forth in Section 2036.010 are all of the following: (a) Oral and written depositions. (b) Inspections…
    • § 2036.030 (a) A party who desires to obtain discovery pending appeal shall obtain leave of the court that entered the judgment. This motion shall be made on the same…
    • § 2036.040 (a) If the court determines that all or part of the discovery requested under this chapter may prevent a failure or delay of justice in the event of further…
    • § 2036.050 If a deposition to perpetuate testimony has been taken under the provisions of this chapter, it may be used in any later proceeding in accordance with Section…