Code of Civil Procedure — Part 7 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 7 of 17 · provisions 1,201–1,400

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This section limits confidentiality clauses in settlement agreements and bars courts from entering conflicting secrecy orders, but allows claimant-identity protection at the claimant’s request and allows settlement amounts to stay confidential. Settlement agreements for employment disputes generally cannot block an aggrieved person from getting future employment with the employer or related companies. A minor may disaffirm an enrollment-agreement term that makes the minor waive rights related to a criminal sexual assault or criminal sexual battery; the rest of the agreement stays valid. Settlement terms cannot bar disclosure of factual information in certain serious civil cases, and courts cannot enter conflicting gag orders. A written direction by a court or judge that is not part of a judgment is called an order, and an application for an order is called a motion.

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Provisions of Code of Civil Procedure

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  1. 2018.060.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section says the chapter is not meant to limit an attorney’s ability to request an in camera hearing.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 Cal.4th 703. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  2. 2018.070.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    The State Bar may discover an attorney’s work product in pending disciplinary matters if it is relevant and client approval has been granted; discovery can also be protected by order on request and for good cause.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 the lawyer and requisite client approval has been granted. (b) Where requested and for good cause, discovery under this section shall be subject to a protective order to ensure the confidentiality of the work product except for its use by the State Bar in disciplinary investigations and its consideration under seal in State Bar Court proceedings. (c) For purposes of this chapter, whenever a client has initiated a complaint against an attorney, the requisite client approval shall be deemed to have been granted. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  3. 2018.080.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    In certain attorney-client disputes, the work product privilege does not apply to work product tied to an alleged breach of duty by the attorney.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 relevant to an issue of breach by the attorney of a duty to the client arising out of the attorney-client relationship. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  4. 2019.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 5. Methods and Sequence of Discovery [2019.010 - 2019.210] ( Chapter 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2019.010 - 2019.040] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

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    Any party may use the listed discovery methods.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 5. Methods and Sequence of Discovery [2019.010 - 2019.210] ( Chapter 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2019.010 - 2019.040] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 documents, things, and places. (d) Physical and mental examinations. (e) Requests for admissions. (f) Simultaneous exchanges of expert trial witness information. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  5. 2019.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 5. Methods and Sequence of Discovery [2019.010 - 2019.210] ( Chapter 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2019.010 - 2019.040] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

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    Discovery methods may generally be used in any order, and one party’s discovery should not delay another party’s discovery, unless a specified rule or local policy provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 5. Methods and Sequence of Discovery [2019.010 - 2019.210] ( Chapter 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2019.010 - 2019.040] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 in any sequence, and the fact that a party is conducting discovery, whether by deposition or another method, shall not operate to delay the discovery of any other party. (b) Notwithstanding subdivision (a), on motion and for good cause shown, the court may establish the sequence and timing of discovery for the convenience of parties and witnesses and in the interests of justice. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  6. 2019.030.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 5. Methods and Sequence of Discovery [2019.010 - 2019.210] ( Chapter 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2019.010 - 2019.040] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

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    The court must limit discovery methods in certain cases, may rule on a protective-order motion, and must require a meet-and-confer declaration with that motion.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 5. Methods and Sequence of Discovery [2019.010 - 2019.210] ( Chapter 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2019.010 - 2019.040] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive. (2) The selected method of discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation. (b) The court may make these determinations pursuant to a motion for a protective order by a party or other affected person. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  7. 2019.040.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 5. Methods and Sequence of Discovery [2019.010 - 2019.210] ( Chapter 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2019.010 - 2019.040] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

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    Discovery methods that allow documents or tangible things must also allow electronically stored information, and the same procedures for compelling, preventing, or limiting discovery apply to electronically stored information.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 5. Methods and Sequence of Discovery [2019.010 - 2019.210] ( Chapter 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2019.010 - 2019.040] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 permit the production, inspection, copying, testing, or sampling of electronically stored information. (b) All procedures available under this title to compel, prevent, or limit the production, inspection, copying, testing, or sampling of documents or tangible things shall be available to compel, prevent, or limit the production, inspection, copying, testing, or sampling of electronically stored information. (Added by Stats. 2012, Ch. 72, Sec. 14. (SB 1574) Effective January 1, 2013.)
  8. 2019.210.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 5. Methods and Sequence of Discovery [2019.010 - 2019.210] ( Chapter 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Methods and Sequence of Discovery in Specific Contexts [2019.210- 2019.210.] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

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    In trade secret misappropriation cases, the alleging party must identify the trade secret with reasonable particularity before starting discovery, unless an order under Civil Code section 3426.5 applies.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 5. Methods and Sequence of Discovery [2019.010 - 2019.210] ( Chapter 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Methods and Sequence of Discovery in Specific Contexts [2019.210- 2019.210.] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 4 of the Civil Code), before commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity subject to any orders that may be appropriate under Section 3426.5 of the Civil Code. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  9. 202.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    The jury commissioner may allow mechanical, electric, or electronic equipment to be used for juror selection and drawing if the commissioner considers it satisfactory.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 202. Mechanical, electric, or electronic equipment, which in the opinion of the jury commissioner is satisfactory therefor, may be used in the performance of any function specified by this chapter for the selection and drawing of jurors. (Added by Stats. 1988, Ch. 1245, Sec. 2.)
  10. 2020.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2020.010 - 2020.030] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section allows specified discovery methods against a nonparty within the state, and says the required process is a deposition subpoena unless a listed exception applies.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2020.010 - 2020.030] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 sought: (1) An oral deposition under Chapter 9 (commencing with Section 2025.010). (2) A written deposition under Chapter 11 (commencing with Section 2028.010). (3) A deposition for production of business records and things under Article 4 (commencing with Section 2020.410) or Article 5 (commencing with Section 2020.510). (b) Except as provided in subdivision (a) of Section 2025.280, the process by which a nonparty is required to provide discovery is a deposition subpoena. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  11. 2020.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2020.010 - 2020.030] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A deposition subpoena may require attendance and testimony, production of business records, or both together with other documents, electronically stored information, and tangible things.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2020.010 - 2020.030] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 2020.310). (b) Only the production of business records for copying, under Article 4 (commencing with Section 2020.410). (c) The attendance and the testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things, under Article 5 (commencing with Section 2020.510). (Amended by Stats. 2012, Ch. 72, Sec. 15. (SB 1574) Effective January 1, 2013.)
  12. 2020.030.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2020.010 - 2020.030] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section says other specified discovery and evidence rules apply to a deposition subpoena unless this chapter changes them.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2020.010 - 2020.030] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 with Section 1560) of Chapter 2 of Division 11 of the Evidence Code, apply to a deposition subpoena. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  13. 2020.210.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Procedures Applicable to All Types of Deposition Subpoenas [2020.210 - 2020.240] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

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    The court clerk must issue a blank, signed-and-sealed deposition subpoena to a requesting party, who must fill it in before service. An attorney of record may instead sign and issue the subpoena, and a copy may be served on the nonparty while the attorney keeps the original.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Procedures Applicable to All Types of Deposition Subpoenas [2020.210 - 2020.240] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 it, who shall fill it in before service. (b) Instead of a court-issued deposition subpoena, an attorney of record for any party may sign and issue a deposition subpoena. A deposition subpoena issued under this subdivision need not be sealed. A copy may be served on the nonparty, and the attorney may retain the original. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  14. 2020.220.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Procedures Applicable to All Types of Deposition Subpoenas [2020.210 - 2020.240] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section sets rules for serving and complying with deposition subpoenas, especially for electronically stored information.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Procedures Applicable to All Types of Deposition Subpoenas [2020.210 - 2020.240] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 provide the deponent a reasonable opportunity to locate and produce any designated business records, documents, electronically stored information, and tangible things, as described in Article 4 (commencing with Section 2020.410), and, where personal attendance is commanded, a reasonable time to travel to the place of deposition. (b) Any person may serve the subpoena by personal delivery of a copy of it as follows: (1) If the deponent is a natural person, to that person. (2) If the deponent is an organization, to any officer, director, custodian of records, or to any agent or employee authorized by the organization to accept service of a subpoena. (c) Personal service of any deposition subpoena is effective to require all of the following of any deponent who is a resident of California at the time of service: (1) Personal attendance and testimony, if the subpoena so specifies. (2) Any specified production, inspection, testing, and sampling. (3) The deponent’s attendance at a court session to consider any issue arising out of the deponent’s refusal to be sworn, or to answer any question, or to produce specified items, or to permit inspection or photocopying, if the subpoena so specifies, or specified testing and sampling of the items produced. (d) Unless the subpoenaing party and the subpoenaed person otherwise agree or the court otherwise orders, the following shall apply: (1) If a subpoena requiring production of electronically stored information does not specify a form or forms for producing a type of electronically stored information, the person subpoenaed shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable. (2) A subpoenaed person need not produce the same electronically stored information in more than one form. (e) The subpoenaed person opposing the production, inspection, copying, testing, or sampling of electronically stored information on the basis that the information is from a source that is not reasonably accessible because of undue burden or expense shall bear the burden of demonstrating that the information is from a source that is not reasonably accessible because of undue burden or expense. (f) If the person from whom discovery of electronically stored information is subpoenaed establishes that the information is from a source that is not reasonably accessible because of undue burden or expense, the court may nonetheless order discovery if the subpoenaing party shows good cause, subject to any limitations imposed under subdivision (i). (g) If the court finds good cause for the production of electronically stored information from a source that is not reasonably accessible, the court may set conditions for the discovery of the electronically stored information, including allocation of the expense of discovery. (h) If necessary, the subpoenaed person, at the reasonable expense of the subpoenaing party, shall, through detection devices, translate any data compilations included in the subpoena into a reasonably usable form. (i) The court shall limit the frequency or extent of discovery of electronically stored information, even from a source that is reasonably accessible, if the court determines that any of the following conditions exists: (1) It is possible to obtain the information from some other source that is more convenient, less burdensome, or less expensive. (2) The discovery sought is unreasonably cumulative or duplicative. (3) The party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought. (4) The likely burden or expense of the proposed discovery outweighs the likely benefit, taking into account the amount in controversy, the resources of the parties, the importance of the issues in the litigation, and the importance of the requested discovery in resolving the issues. (j) If a subpoenaed person notifies the subpoenaing party that electronically stored information produced pursuant to a subpoena is subject to a claim of privilege or of protection as attorney work product, as described in Section 2031.285, the provisions of Section 2031.285 shall apply. (k) A party serving a subpoena requiring the production of electronically stored information shall take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. (l) An order of the court requiring compliance with a subpoena issued under this section shall protect a person who is neither a party nor a party’s officer from undue burden or expense resulting from compliance. (m) (1) Absent exceptional circumstances, the court shall not impose sanctions on a subpoenaed person or any attorney of a subpoenaed person for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. (2) The subdivision shall not be construed to alter any obligation to preserve discoverable information. (Amended by Stats. 2012, Ch. 72, Sec. 16. (SB 1574) Effective January 1, 2013.)
  15. 2020.230.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Procedures Applicable to All Types of Deposition Subpoenas [2020.210 - 2020.240] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    When certain deposition subpoenas are served or require personal attendance, the noticing party or server must include the required witness fee, and in some cases mileage, with payment made in cash or by check.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Procedures Applicable to All Types of Deposition Subpoenas [2020.210 - 2020.240] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 Section 2020.510), the party noticing the deposition shall pay to the deponent in cash or by check the same witness fee and mileage required by Chapter 1 (commencing with Section 68070) of Title 8 of the Government Code for attendance and testimony before the court in which the action is pending. This payment, whether or not demanded by the deponent, shall be made, at the option of the party noticing the deposition, either at the time of service of the deposition subpoena, or at the time the deponent attends for the taking of testimony. (b) Service of a deposition subpoena that does not require the personal attendance of a custodian of records or other qualified person, under Article 4 (commencing with Section 2020.410), shall be accompanied, whether or not demanded by the deponent, by a payment in cash or by check of the witness fee required by paragraph (6) of subdivision (b) of Section 1563 of the Evidence Code. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  16. 2020.240.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Procedures Applicable to All Types of Deposition Subpoenas [2020.210 - 2020.240] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a deponent disobeys a deposition subpoena in the specified way, the deponent may be punished for contempt and may also face forfeiture and damages.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Procedures Applicable to All Types of Deposition Subpoenas [2020.210 - 2020.240] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 (commencing with Section 2023.010) without the necessity of a prior order of court directing compliance by the witness. The deponent is also subject to the forfeiture and the payment of damages set forth in Section 1992. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  17. 2020.310.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Subpoena Commanding Only Attendance and Testimony of the Deponent [2020.310- 2020.310.] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    This section requires a deposition subpoena to include specified attendance details and notices, and adds extra statements when the deposition is recorded or when the deponent is an organization.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Subpoena Commanding Only Attendance and Testimony of the Deponent [2020.310- 2020.310.] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 when and the place where the deponent is commanded to attend the deposition. (b) The subpoena shall set forth a summary of all of the following: (1) The nature of a deposition. (2) The rights and duties of the deponent. (3) The penalties for disobedience of a deposition subpoena, as described in Section 2020.240. (c) If the deposition will be recorded using audio or video technology by, or at the direction of, the noticing party under Section 2025.340, the subpoena shall state that it will be recorded in that manner. (d) If the deposition testimony will be conducted using instant visual display, the subpoena shall state that it will be conducted in that manner. (e) If the deponent is an organization, the subpoena shall describe with reasonable particularity the matters on which examination is requested. The subpoena shall also advise the organization of its duty to make the designation of employees or agents who will attend the deposition, as described in Section 2025.230. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  18. 2020.410.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Subpoena Commanding Only Production of Business Records for Copying [2020.410 - 2020.440] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A business-records-only deposition subpoena must identify the records, be directed to the custodian or another qualified person, and set compliance no earlier than the stated minimum timing.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Subpoena Commanding Only Production of Business Records for Copying [2020.410 - 2020.440] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 specifically describing each individual item or by reasonably particularizing each category of item, and shall specify the form in which any electronically stored information is to be produced, if a particular form is desired. (b) Notwithstanding subdivision (a), specific information identifiable only to the deponent’s records system, like a policy number or the date when a consumer interacted with the witness, is not required. (c) A deposition subpoena that commands only the production of business records for copying need not be accompanied by an affidavit or declaration showing good cause for the production of the business records designated in it. It shall be directed to the custodian of those records or another person qualified to certify the records. It shall command compliance in accordance with Section 2020.430 on a date that is no earlier than 20 days after the issuance, or 15 days after the service, of the deposition subpoena, whichever date is later. (d) If, under Section 1985.3 or 1985.6, the one to whom the deposition subpoena is directed is a witness, and the business records described in the deposition subpoena are personal records pertaining to a consumer, the service of the deposition subpoena shall be accompanied either by a copy of the proof of service of the notice to the consumer described in subdivision (e) of Section 1985.3, or subdivision (b) of Section 1985.6, as applicable, or by the consumer’s written authorization to release personal records described in paragraph (2) of subdivision (c) of Section 1985.3, or paragraph (2) of subdivision (c) of Section 1985.6, as applicable. (Amended by Stats. 2012, Ch. 72, Sec. 17. (SB 1574) Effective January 1, 2013.)
  19. 2020.420.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Subpoena Commanding Only Production of Business Records for Copying [2020.410 - 2020.440] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A deposition officer for this kind of business-records discovery must be a registered professional photocopier or an exempt person, and must not be financially interested in the action or related to, or employed by, any party’s attorney.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Subpoena Commanding Only Production of Business Records for Copying [2020.410 - 2020.440] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 Chapter 20 (commencing with Section 22450) of Division 8 of the Business and Professions Code, or a person exempted from the registration requirements of that chapter under Section 22451 of the Business and Professions Code. This deposition officer shall not be financially interested in the action, or a relative or employee of any attorney of the parties. Any objection to the qualifications of the deposition officer is waived unless made before the date of production or as soon thereafter as the ground for that objection becomes known or could be discovered by reasonable diligence. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  20. 2020.430.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Subpoena Commanding Only Production of Business Records for Copying [2020.410 - 2020.440] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    For certain business-records deposition subpoenas, the custodian or other qualified person must provide the records and an affidavit to the deposition officer, or allow copying at the business office under stated payment and timing rules.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Subpoena Commanding Only Production of Business Records for Copying [2020.410 - 2020.440] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 or other qualified person shall, in person, by messenger, or by mail, deliver both of the following only to the deposition officer specified in the subpoena: (1) A true, legible, and durable copy of the records. (2) An affidavit in compliance with Section 1561 of the Evidence Code. (b) If the delivery required by subdivision (a) is made to the office of the deposition officer, the records shall be enclosed, sealed, and directed as described in subdivision (c) of Section 1560 of the Evidence Code. (c) If the delivery required by subdivision (a) is made at the office of the business whose records are the subject of the deposition subpoena, the custodian of those records or other qualified person shall do one of the following: (1) Permit the deposition officer specified in the deposition subpoena to make a copy of the originals of the designated business records during normal business hours, as defined in subdivision (e) of Section 1560 of the Evidence Code. (2) Deliver to the deposition officer a true, legible, and durable copy of the records on receipt of payment in cash or by check, by or on behalf of the party serving the deposition subpoena, of the reasonable costs of preparing that copy, together with an itemized statement of the cost of preparation, as determined under subdivision (b) of Section 1563 of the Evidence Code. This copy need not be delivered in a sealed envelope. (d) Unless the parties, and if the records are those of a consumer as defined in Section 1985.3 or 1985.6, the consumer, stipulate to an earlier date, the custodian of the records shall not deliver to the deposition officer the records that are the subject of the deposition subpoena prior to the date and time specified in the deposition subpoena. The following legend shall appear in boldface type on the deposition subpoena immediately following the date and time specified for production: “Do not release the requested records to the deposition officer prior to the date and time stated above.” (e) This section does not apply if the subpoena directs the deponent to make the records available for inspection or copying by the subpoenaing party’s attorney or a representative of that attorney at the witness’ business address under subdivision (e) of Section 1560 of the Evidence Code. (f) The provisions of Section 1562 of the Evidence Code concerning the admissibility of the affidavit of the custodian or other qualified person apply to a deposition subpoena served under this article. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  21. 2020.440.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Subpoena Commanding Only Production of Business Records for Copying [2020.410 - 2020.440] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The deposition officer must promptly give copies of business records to the requesting party, and may also give copies to other parties if they notify the officer within six months after settlement and want to buy a copy.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Subpoena Commanding Only Production of Business Records for Copying [2020.410 - 2020.440] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 provide that copy to the party at whose instance the deposition subpoena was served, and a copy of those records to any other party to the action who then or subsequently, within a period of six months following the settlement of the case, notifies the deposition officer that the party desires to purchase a copy of those records. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  22. 2020.510.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Subpoena Commanding Both Production of Business Records and Attendance and Testimony of the Deponent [2020.510- 2020.510.] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A deposition subpoena that seeks attendance, testimony, and records must meet specified requirements, including describing the records, stating any testing or sampling, and specifying the form for electronically stored information when needed.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 6. Nonparty Discovery [2020.010 - 2020.510] ( Chapter 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Subpoena Commanding Both Production of Business Records and Attendance and Testimony of the Deponent [2020.510- 2020.510.] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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, electronically stored information, and tangible things, shall: (1) Comply with the requirements of Section 2020.310. (2) Designate the business records, documents, electronically stored information, and tangible things to be produced either by specifically describing each individual item or by reasonably particularizing each category of item. (3) Specify any testing or sampling that is being sought. (4) Specify the form in which any electronically stored information is to be produced, if a particular form is desired. (b) A deposition subpoena under subdivision (a) need not be accompanied by an affidavit or declaration showing good cause for the production of the documents and things designated. (c) If, as described in Section 1985.3, the person to whom the deposition subpoena is directed is a witness, and the business records described in the deposition subpoena are personal records pertaining to a consumer, the service of the deposition subpoena shall be accompanied either by a copy of the proof of service of the notice to the consumer described in subdivision (e) of Section 1985.3, or by the consumer’s written authorization to release personal records described in paragraph (2) of subdivision (c) of Section 1985.3. (d) If, as described in Section 1985.6, the person to whom the deposition subpoena is directed is a witness and the business records described in the deposition subpoena are employment records pertaining to an employee, the service of the deposition subpoena shall be accompanied either by a copy of the proof of service of the notice to the employee described in subdivision (e) of Section 1985.6, or by the employee’s written authorization to release personal records described in paragraph (2) of subdivision (c) of Section 1985.6. (Amended by Stats. 2012, Ch. 72, Sec. 18. (SB 1574) Effective January 1, 2013.)
  23. 2023.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 7. Sanctions [2023.010 - 2023.050] ( Chapter 7 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    This section lists conduct that counts as misuse of the discovery process.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 7. Sanctions [2023.010 - 2023.050] ( Chapter 7 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 attempt to obtain information or materials that are outside the scope of permissible discovery. (b) Using a discovery method in a manner that does not comply with its specified procedures. (c) Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. (d) Failing to respond or to submit to an authorized method of discovery. (e) Making, without substantial justification, an unmeritorious objection to discovery. (f) Making an evasive response to discovery. (g) Disobeying a court order to provide discovery. (h) Making or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery. (i) Failing to confer or to attempt to confer, in person, by telephone, or by videoconference with an opposing party or attorney in a reasonable and good faith attempt to resolve informally any dispute concerning discovery, if the section governing a particular discovery motion requires the filing of a declaration stating facts showing that an attempt at informal resolution has been made. (Amended by Stats. 2025, Ch. 200, Sec. 13. (AB 1521) Effective January 1, 2026.)
  24. 2023.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 7. Sanctions [2023.010 - 2023.050] ( Chapter 7 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a party or attorney fails to confer as required, the court must impose a monetary sanction and order payment of reasonable expenses, including attorney’s fees.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 7. Sanctions [2023.010 - 2023.050] ( Chapter 7 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 confer as required pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  25. 2023.030.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 7. Sanctions [2023.010 - 2023.050] ( Chapter 7 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A court may impose sanctions for misuse of the discovery process, including monetary, issue, evidence, terminating, and contempt sanctions, after notice and a hearing.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 7. Sanctions [2023.010 - 2023.050] ( Chapter 7 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process: (a) The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. The court may also impose this sanction on one unsuccessfully asserting that another has engaged in the misuse of the discovery process, or on any attorney who advised that assertion, or on both. If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (b) The court may impose an issue sanction ordering that designated facts shall be taken as established in the action in accordance with the claim of the party adversely affected by the misuse of the discovery process. The court may also impose an issue sanction by an order prohibiting any party engaging in the misuse of the discovery process from supporting or opposing designated claims or defenses. (c) The court may impose an evidence sanction by an order prohibiting any party engaging in the misuse of the discovery process from introducing designated matters in evidence. (d) The court may impose a terminating sanction by one of the following orders: (1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. (2) An order staying further proceedings by that party until an order for discovery is obeyed. (3) An order dismissing the action, or any part of the action, of that party. (4) An order rendering a judgment by default against that party. (e) The court may impose a contempt sanction by an order treating the misuse of the discovery process as a contempt of court. (f) (1) Notwithstanding subdivision (a), or any other section of this title, absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. (Amended by Stats. 2012, Ch. 72, Sec. 19. (SB 1574) Effective January 1, 2013.)
  26. 2023.040.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 7. Sanctions [2023.010 - 2023.050] ( Chapter 7 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A request for sanctions must identify the target persons, parties, and attorneys, state the type of sanction sought, and be supported by a memorandum and declaration; monetary sanctions must be supported by facts about the amount requested.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 7. Sanctions [2023.010 - 2023.050] ( Chapter 7 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  27. 2023.050.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 7. Sanctions [2023.010 - 2023.050] ( Chapter 7 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A court must impose a $1,000 sanction payable to the requesting party if certain discovery conduct occurred, unless the court excuses it under the section’s exception.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 7. Sanctions [2023.010 - 2023.050] ( Chapter 7 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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) sanction, payable to the requesting party, upon a party, person, or attorney if, upon reviewing a request for a sanction made pursuant to Section 2023.040, the court finds any of the following: (1) The party, person, or attorney did not respond in good faith to a request for the production of documents made pursuant to Section 2020.010, 2020.410, 2020.510, or 2025.210, or to an inspection demand made pursuant to Section 2031.010. (2) The party, person, or attorney produced requested documents within seven days before the court was scheduled to hear a motion to compel production of the records pursuant to Section 2025.450, 2025.480, or 2031.320 that is filed by the requesting party as a result of the other party’s, person’s, or attorney’s failure to respond in good faith. (3) The party, person, or attorney failed to confer in person, by telephone, letter, or other means of communication in writing, as defined in Section 250 of the Evidence Code, with the party or attorney requesting the documents in a reasonable and good faith attempt to resolve informally any dispute concerning the request. (b) Notwithstanding paragraph (3) of subdivision (o) of Section 6068 of the Business and Professions Code, the court may, in its discretion, require an attorney who is sanctioned pursuant to subdivision (a) to report the sanction, in writing, to the State Bar within 30 days of the imposition of the sanction. (c) The court may excuse the imposition of the sanction required by subdivision (a) if the court makes written findings that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (d) Sanctions pursuant to this section shall be imposed only after notice to the party, person, or attorney against whom the sanction is proposed to be imposed and opportunity for that party, person, or attorney to be heard. (e) For purposes of this section, there is a rebuttable presumption that a natural person acted in good faith if that person was not represented by an attorney in the action at the time the conduct that is sanctionable under subdivision (a) occurred. This presumption may only be overcome by clear and convincing evidence. (Amended by Stats. 2023, Ch. 284, Sec. 3. (SB 235) Effective January 1, 2024.)
  28. 2024.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 8. Time for Completion of Discovery [2024.010 - 2024.060] ( Chapter 8 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    For this chapter, discovery counts as completed when a response is due or when a deposition starts.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 8. Time for Completion of Discovery [2024.010 - 2024.060] ( Chapter 8 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  29. 2024.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 8. Time for Completion of Discovery [2024.010 - 2024.060] ( Chapter 8 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Any party has a right to finish discovery and have discovery motions heard before trial, subject to chapter exceptions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 8. Time for Completion of Discovery [2024.010 - 2024.060] ( Chapter 8 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action. (b) Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  30. 2024.030.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 8. Time for Completion of Discovery [2024.010 - 2024.060] ( Chapter 8 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Any party has a right to finish certain discovery before trial deadlines and to have related motions heard before trial.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 8. Time for Completion of Discovery [2024.010 - 2024.060] ( Chapter 8 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 2034.010) on or before the 15th day, and to have motions concerning that discovery heard on or before the 10th day, before the date initially set for the trial of the action. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  31. 2024.040.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 8. Time for Completion of Discovery [2024.010 - 2024.060] ( Chapter 8 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Discovery timing in certain arbitrated actions is governed by Judicial Council Rule, and after an arbitration award discovery completion is limited by Section 1141.24.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 8. Time for Completion of Discovery [2024.010 - 2024.060] ( Chapter 8 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 Judicial Council Rule. After an award in a case ordered to judicial arbitration, completion of discovery is limited by Section 1141.24. (b) This chapter does not apply to either of the following: (1) Summary proceedings for obtaining possession of real property governed by Chapter 4 (commencing with Section 1159) of Title 3 of Part 3. Except as provided in Sections 2024.050 and 2024.060, discovery in these proceedings shall be completed on or before the fifth day before the date set for trial. (2) Eminent domain proceedings governed by Title 7 (commencing with Section 1230.010) of Part 3. (Amended by Stats. 2012, Ch. 162, Sec. 17. (SB 1171) Effective January 1, 2013.)
  32. 2024.050.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 8. Time for Completion of Discovery [2024.010 - 2024.060] ( Chapter 8 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The court may allow discovery to be completed or reopened closer to trial, but the moving party must file a meet-and-confer declaration, and the court must consider specified factors. Unsuccessful motions to extend or reopen discovery can trigger a monetary sanction unless justified or unfair.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 8. Time for Completion of Discovery [2024.010 - 2024.060] ( Chapter 8 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. (3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party. (4) The length of time that has elapsed between any date previously set, and the date presently set, for the trial of the action. (c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to extend or to reopen discovery, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  33. 2024.060.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 8. Time for Completion of Discovery [2024.010 - 2024.060] ( Chapter 8 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Parties may agree to extend discovery deadlines or reopen discovery, but they need consent from any affected party and must confirm the agreement in writing with the extended date.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 8. Time for Completion of Discovery [2024.010 - 2024.060] ( Chapter 8 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 or for the hearing of motions concerning discovery, or to reopen discovery after a new date for trial of the action has been set. This agreement may be informal, but it shall be confirmed in a writing that specifies the extended date. In no event shall this agreement require a court to grant a continuance or postponement of the trial of the action. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  34. 2025.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2025.010- 2025.010.] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Any party may obtain discovery by taking an oral deposition in California of any person, including a party to the action, subject to Chapter 2 scope limits and Chapter 5 restrictions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2025.010- 2025.010.] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 5 (commencing with Section 2019.010), by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency. (Amended by Stats. 2016, Ch. 86, Sec. 41. (SB 1171) Effective January 1, 2017.)
  35. 2025.210.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    This section says when a defendant or plaintiff may serve a deposition notice without court leave, and when the court may allow the plaintiff to serve earlier.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 at any time after that defendant has been served or has appeared in the action, whichever occurs first. (b) The plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. On motion with or without notice, the court, for good cause shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  36. 2025.220.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party who wants to take an oral deposition must give written notice that includes specific required details.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 least 12-point type: (1) The address where the deposition will be taken. (2) The date of the deposition, selected under Section 2025.270, and the time it will commence. (3) The name of each deponent, and the address and telephone number, if known, of any deponent who is not a party to the action. If the name of the deponent is not known, the deposition notice shall set forth instead a general description sufficient to identify the person or particular class to which the person belongs. (4) The specification with reasonable particularity of any materials or category of materials, including any electronically stored information, to be produced by the deponent. (5) Any intention by the party noticing the deposition to record the testimony by audio or video technology, in addition to recording the testimony by the stenographic method as required by Section 2025.330 and any intention to record the testimony by stenographic method through the instant visual display of the testimony. If the deposition will be conducted using instant visual display, a copy of the deposition notice shall also be given to the deposition officer. Any offer to provide the instant visual display of the testimony or to provide rough draft transcripts to any party which is accepted prior to, or offered at, the deposition shall also be made by the deposition officer at the deposition to all parties in attendance. Any party or attorney requesting the provision of the instant visual display of the testimony, or rough draft transcripts, shall pay the reasonable cost of those services, which may be no greater than the costs charged to any other party or attorney. (6) Any intention to reserve the right to use at trial a video recording of the deposition testimony of a treating or consulting physician or of an expert witness under subdivision (d) of Section 2025.620. In this event, the operator of the video camera shall be a person who is authorized to administer an oath, and shall not be financially interested in the action or be a relative or employee of any attorney of any of the parties. (7) The form in which any electronically stored information is to be produced, if a particular form is desired. (8) (A) A statement disclosing the existence of a contract, if any is known to the noticing party, between the noticing party or a third party who is financing all or part of the action and either of the following for any service beyond the noticed deposition: (i) The deposition officer. (ii) The entity providing the services of the deposition officer. (B) A statement disclosing that the party noticing the deposition, or a third party financing all or part of the action, directed his or her attorney to use a particular officer or entity to provide services for the deposition, if applicable. (b) Notwithstanding subdivision (a), where under Article 4 (commencing with Section 2020.410) only the production by a nonparty of business records for copying is desired, a copy of the deposition subpoena shall serve as the notice of deposition. (Amended by Stats. 2018, Ch. 268, Sec. 1. (AB 3019) Effective January 1, 2019.)
  37. 2025.230.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If the deponent is not a natural person, the deposition notice must state the matters for examination, and the deponent must send the most qualified officers, directors, managers, employees, or agents to the deposition.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 requested. In that event, the deponent shall designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  38. 2025.240.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party giving a deposition notice must serve it on other appearing parties, include who it was served on, and in some subpoena cases serve additional documents and an identical subpoena copy.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 accompanying proof of service, shall list all the parties or attorneys for parties on whom it is served. (b) If, as defined in subdivision (a) of Section 1985.3 or subdivision (a) of Section 1985.6, the party giving notice of the deposition is a subpoenaing party, and the deponent is a witness commanded by a deposition subpoena to produce personal records of a consumer or employment records of an employee, the subpoenaing party shall serve on that consumer or employee all of the following: (1) A notice of the deposition. (2) The notice of privacy rights specified in subdivision (e) of Section 1985.3 or in subdivision (e) of Section 1985.6. (3) A copy of the deposition subpoena. (c) If the attendance of the deponent is to be compelled by service of a deposition subpoena under Chapter 6 (commencing with Section 2020.010), an identical copy of that subpoena shall be served with the deposition notice. (Amended by Stats. 2007, Ch. 113, Sec. 5. Effective January 1, 2008.)
  39. 2025.250.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    This section sets where a deposition must be taken, depending on whether the deponent is a natural person or an organization.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 place that is, at the option of the party giving notice of the deposition, either within 75 miles of the deponent’s residence, or within the county where the action is pending and within 150 miles of the deponent’s residence. (b) The deposition of an organization that is a party to the action shall be taken at a place that is, at the option of the party giving notice of the deposition, either within 75 miles of the organization’s principal executive or business office in California, or within the county where the action is pending and within 150 miles of that office. (c) Unless the organization consents to a more distant place, the deposition of any other organization shall be taken within 75 miles of the organization’s principal executive or business office in California. (d) If an organization has not designated a principal executive or business office in California, the deposition shall be taken at a place that is, at the option of the party giving notice of the deposition, either within the county where the action is pending, or within 75 miles of any executive or business office in California of the organization. (Amended by Stats. 2005, Ch. 294, Sec. 7. Effective January 1, 2006.)
  40. 2025.260.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A party seeking a court order for a more distant deposition location must file a motion with a meet-and-confer declaration, and the court may require the moving party to cover the deponent’s reasonable travel costs. The court must consider listed fairness factors, and unsuccessful motions to increase travel limits can trigger monetary sanctions unless justified.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 may make a motion for an order that the deponent attend for deposition at a place that is more distant than that permitted under Section 2025.250. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any factor tending to show whether the interests of justice will be served by requiring the deponent’s attendance at that more distant place, including, but not limited to, the following: (1) Whether the moving party selected the forum. (2) Whether the deponent will be present to testify at the trial of the action. (3) The convenience of the deponent. (4) The feasibility of conducting the deposition by written questions under Chapter 11 (commencing with Section 2028.010), or of using a discovery method other than a deposition. (5) The number of depositions sought to be taken at a place more distant than that permitted under Section 2025.250. (6) The expense to the parties of requiring the deposition to be taken within the distance permitted under Section 2025.250. (7) The whereabouts of the deponent at the time for which the deposition is scheduled. (c) The order may be conditioned on the advancement by the moving party of the reasonable expenses and costs to the deponent for travel to the place of deposition. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to increase the travel limits for a party deponent, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  41. 2025.270.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section sets minimum timing rules for oral depositions after a deposition notice is served.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, an oral deposition shall be scheduled for a date at least five days after service of the deposition notice, but not later than five days before trial. (c) Notwithstanding subdivisions (a) and (b), if, as defined in Section 1985.3 or 1985.6, the party giving notice of the deposition is a subpoenaing party, and the deponent is a witness commanded by a deposition subpoena to produce personal records of a consumer or employment records of an employee, the deposition shall be scheduled for a date at least 20 days after issuance of that subpoena. (d) On motion or ex parte application of any party or deponent, for good cause shown, the court may shorten or extend the time for scheduling a deposition, or may stay its taking until the determination of a motion for a protective order under Section 2025.420. (Amended by Stats. 2007, Ch. 113, Sec. 6. Effective January 1, 2008.)
  42. 2025.280.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A deposition notice can require certain parties and party representatives to attend, testify, and produce materials; other deponents must be served with a subpoena. A deponent producing electronically stored information must provide direct access or a usable translation if the information is protected or inaccessible.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying. (b) The attendance and testimony of any other deponent, as well as the production by the deponent of any document, electronically stored information, or tangible thing for inspection and copying, requires the service on the deponent of a deposition subpoena under Chapter 6 (commencing with Section 2020.010). (c) A deponent required by notice or subpoena to produce electronically stored information shall provide a means of gaining direct access to, or a translation into a reasonably usable form of, any electronically stored information that is password protected or otherwise inaccessible. (Amended by Stats. 2016, Ch. 467, Sec. 2. (AB 2427) Effective January 1, 2017.)
  43. 2025.290.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

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    Depositions are generally limited to seven hours of testimony, with listed exceptions and court-ordered extensions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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, other than the witness’ counsel of record, shall be limited to seven hours of total testimony. The court shall allow additional time, beyond any limits imposed by this section, if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination. (b) This section shall not apply under any of the following circumstances: (1) If the parties have stipulated that this section will not apply to a specific deposition or to the entire proceeding. (2) To any deposition of a witness designated as an expert pursuant to Sections 2034.210 to 2034.310, inclusive. (3) To any case designated as complex by the court pursuant to Rule 3.400 of the California Rules of Court, unless a licensed physician attests in a declaration served on the parties that the deponent suffers from an illness or condition that raises substantial medical doubt of survival of the deponent beyond six months, in which case the deposition examination of the witness by all counsel, other than the witness’ counsel of record, shall be limited to two days of no more than seven hours of total testimony each day, or 14 hours of total testimony. (4) To any case brought by an employee or applicant for employment against an employer for acts or omissions arising out of or relating to the employment relationship. (5) To any deposition of a person who is designated as the most qualified person to be deposed under Section 2025.230. (6) To any party who appeared in the action after the deposition has concluded, in which case the new party may notice another deposition subject to the requirements of this section. (c) It is the intent of the Legislature that any exclusions made by this section shall not be construed to create any presumption or any substantive change to existing law relating to the appropriate time limit for depositions falling within the exclusion. Nothing in this section shall be construed to affect the existing right of any party to move for a protective order or the court’s discretion to make any order that justice requires to limit a deposition in order to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, oppression, undue burden, or expense. (Added by Stats. 2012, Ch. 346, Sec. 1. (AB 1875) Effective January 1, 2013.)
  44. 2025.295.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

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    In certain mesothelioma or silicosis cases, the plaintiff’s deposition is limited to seven hours, with possible court-approved extensions in specified circumstances.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Deposition Notice [2025.210 - 2025.295] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 plaintiff by all counsel, other than the plaintiff’s counsel of record, shall be limited to seven hours of total testimony if a licensed physician attests in a declaration served on the parties that the deponent suffers from mesothelioma or silicosis, raising substantial medical doubt of the survival of the deponent beyond six months. (b) Notwithstanding the presumptive time limit in subdivision (a), upon request by a defendant, a court may, in its discretion, grant one of the following up to: (1) An additional three hours of deposition testimony for no more than 10 hours of total deposition conducted by the defendants if there are more than 10 defendants appearing at the deposition. (2) An additional seven hours of deposition testimony for no more than 14 hours of total deposition conducted by the defendants if there are more than 20 defendants appearing at the deposition. (c) The court may grant the additional time provided for in paragraphs (1) and (2) of subdivision (b) only if it finds that an extension, in the instant case, is in the interest of fairness, which includes consideration of the number of defendants appearing at the deposition, and determines that the health of the deponent does not appear to be endangered by the grant of additional time. (Added by Stats. 2019, Ch. 212, Sec. 1. (SB 645) Effective January 1, 2020.)
  45. 2025.310.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Conduct of Deposition [2025.310 - 2025.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section allows remote participation in an oral deposition and lets certain participants choose whether to be physically present.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Conduct of Deposition [2025.310 - 2025.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 remote means. A deponent is not required to be physically present with the deposition officer when being sworn in at the time of the deposition. (b) Subject to Section 2025.420, any party or attorney of record may, but is not required to, be physically present at the deposition at the location of the deponent. If a party or attorney of record elects to be physically present at the location of the deponent, all physically present participants in the deposition shall comply with local health and safety ordinances, rules, and orders. (c) The procedures to implement this section shall be established by court order in the specific action or proceeding or by the California Rules of Court. (d) An exercise of the authority granted by subdivision (a) or (b) does not waive any other provision of this title, including, but not limited to, provisions regarding the time, place, or manner in which a deposition shall be conducted. (e) This section does not alter or amend who may lawfully serve as a deposition officer pursuant to this title or who otherwise may administer oaths pursuant to Sections 2093 and 2094 of this code or Section 8201 of the Government Code. (Amended by Stats. 2022, Ch. 92, Sec. 1. (SB 1037) Effective January 1, 2023.)
  46. 2025.320.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Conduct of Deposition [2025.310 - 2025.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section requires depositions to be supervised by a qualified officer and imposes several conduct rules on the officer and related service providers.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Conduct of Deposition [2025.310 - 2025.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 subject to all of the following requirements: (a) The officer shall not be financially interested in the action and shall not be a relative or employee of any attorney of the parties, or of any of the parties. (b) Services and products offered or provided by the deposition officer or the entity providing the services of the deposition officer to any party or to any party’s attorney or third party who is financing all or part of the action shall be offered to all parties or their attorneys attending the deposition. No service or product may be offered or provided by the deposition officer or by the entity providing the services of the deposition officer to any party or any party’s attorney or third party who is financing all or part of the action unless the service or product is offered or provided to all parties or their attorneys attending the deposition. All services and products offered or provided shall be made available at the same time to all parties or their attorneys. (c) The deposition officer or the entity providing the services of the deposition officer shall not provide to any party or any party’s attorney or third party who is financing all or part of the action any service or product consisting of the deposition officer’s notations or comments regarding the demeanor of any witness, attorney, or party present at the deposition. The deposition officer or entity providing the services of the deposition officer shall not collect any personal identifying information about the witness as a service or product to be provided to any party or third party who is financing all or part of the action. (d) Upon the request of any party or any party’s attorney attending a deposition, any party or any party’s attorney attending the deposition shall enter in the record of the deposition all services and products made available to that party or party’s attorney or third party who is financing all or part of the action by the deposition officer or by the entity providing the services of the deposition officer. A party in the action who is not represented by an attorney shall be informed by the noticing party or the party’s attorney that the unrepresented party may request this statement. (e) Any objection to the qualifications of the deposition officer is waived unless made before the deposition begins or as soon thereafter as the ground for that objection becomes known or could be discovered by reasonable diligence. (f) Violation of this section by any person may result in a civil penalty of up to five thousand dollars ($5,000) imposed by a court of competent jurisdiction. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  47. 2025.330.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Conduct of Deposition [2025.310 - 2025.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

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    The deposition officer must administer an oath or affirmation, and deposition testimony is generally taken stenographically unless the parties agree or the court orders otherwise.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Conduct of Deposition [2025.310 - 2025.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 as any stated objections, shall be taken stenographically. If taken stenographically, it shall be by a person certified pursuant to Article 3 (commencing with Section 8020) of Chapter 13 of Division 3 of the Business and Professions Code. (c) The party noticing the deposition may also record the testimony by audio or video technology if the notice of deposition stated an intention also to record the testimony by either of those methods, or if all the parties agree that the testimony may also be recorded by either of those methods. Any other party, at that party’s expense, may make an audio or video record of the deposition, provided that the other party promptly, and in no event less than three calendar days before the date for which the deposition is scheduled, serves a written notice of this intention to make an audio or video record of the deposition testimony on the party or attorney who noticed the deposition, on all other parties or attorneys on whom the deposition notice was served under Section 2025.240, and on any deponent whose attendance is being compelled by a deposition subpoena under Chapter 6 (commencing with Section 2020.010). If this notice is given three calendar days before the deposition date, it shall be made by personal service under Section 1011. (d) Examination and cross-examination of the deponent shall proceed as permitted at trial under the provisions of the Evidence Code. (e) In lieu of participating in the oral examination, parties may transmit written questions in a sealed envelope to the party taking the deposition for delivery to the deposition officer, who shall unseal the envelope and propound them to the deponent after the oral examination has been completed. (Amended by Stats. 2005, Ch. 294, Sec. 8. Effective January 1, 2006.)
  48. 2025.340.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Conduct of Deposition [2025.310 - 2025.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section sets procedures for audio or video depositions, including room setup, operator qualifications, required on-record statements, notice before use at trial, and limits on what the deposition officer may provide.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Conduct of Deposition [2025.310 - 2025.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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) The area used for recording the deponent’s oral testimony shall be suitably large, adequately lighted, and reasonably quiet. (b) The operator of the recording equipment shall be competent to set up, operate, and monitor the equipment in the manner prescribed in this section. Except as provided in subdivision (c), the operator may be an employee of the attorney taking the deposition unless the operator is also the deposition officer. (c) If a video recording of deposition testimony is to be used under subdivision (d) of Section 2025.620, the operator of the recording equipment shall be a person who is authorized to administer an oath, and shall not be financially interested in the action or be a relative or employee of any attorney of any of the parties, unless all parties attending the deposition agree on the record to waive these qualifications and restrictions. (d) Services and products offered or provided by the deposition officer or the entity providing the services of the deposition officer to any party or to any party’s attorney or third party who is financing all or part of the action shall be offered or provided to all parties or their attorneys attending the deposition. No service or product may be offered or provided by the deposition officer or by the entity providing the services of the deposition officer to any party or any party’s attorney or third party who is financing all or part of the action unless the service or product is offered or provided to all parties or their attorneys attending the deposition. All services and products offered or provided shall be made available at the same time to all parties or their attorneys. (e) The deposition officer or the entity providing the services of the deposition officer shall not provide to any party or any other person or entity any service or product consisting of the deposition officer’s notations or comments regarding the demeanor of any witness, attorney, or party present at the deposition. The deposition officer or the entity providing the services of the deposition officer shall not collect any personal identifying information about the witness as a service or product to be provided to any party or third party who is financing all or part of the action. (f) Upon the request of any party or any party’s attorney attending a deposition, any party or any party’s attorney attending the deposition shall enter in the record of the deposition all services and products made available to that party or party’s attorney or third party who is financing all or part of the action by the deposition officer or by the entity providing the services of the deposition officer. A party in the action who is not represented by an attorney shall be informed by the noticing party that the unrepresented party may request this statement. (g) The operator shall not distort the appearance or the demeanor of participants in the deposition by the use of camera or sound recording techniques. (h) The deposition shall begin with an oral or written statement on camera or on the audio recording that includes the operator’s name and business address, the name and business address of the operator’s employer, the date, time, and place of the deposition, the caption of the case, the name of the deponent, a specification of the party on whose behalf the deposition is being taken, and any stipulations by the parties. (i) Counsel for the parties shall identify themselves on camera or on the audio recording. (j) The oath shall be administered to the deponent on camera or on the audio recording. (k) If the length of a deposition requires the use of more than one unit of tape or electronic storage, the end of each unit and the beginning of each succeeding unit shall be announced on camera or on the audio recording. (l) At the conclusion of a deposition, a statement shall be made on camera or on the audio recording that the deposition is ended and shall set forth any stipulations made by counsel concerning the custody of the audio or video recording and the exhibits, or concerning other pertinent matters. (m) A party intending to offer an audio or video recording of a deposition in evidence under Section 2025.620 shall notify the court and all parties in writing of that intent and of the parts of the deposition to be offered. That notice shall be given within sufficient time for objections to be made and ruled on by the judge to whom the case is assigned for trial or hearing, and for any editing of the recording. Objections to all or part of the deposition shall be made in writing. The court may permit further designations of testimony and objections as justice may require. With respect to those portions of an audio or video record of deposition testimony that are not designated by any party or that are ruled to be objectionable, the court may order that the party offering the recording of the deposition at the trial or hearing suppress those portions, or that an edited version of the deposition recording be prepared for use at the trial or hearing. The original audio or video record of the deposition shall be preserved unaltered. If no stenographic record of the deposition testimony has previously been made, the party offering an audio or video recording of that testimony under Section 2025.620 shall accompany that offer with a stenographic transcript prepared from that recording. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  49. 2025.410.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section requires prompt written objections to defective deposition notices and allows motions to stay and quash the deposition.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 that party promptly serves a written objection specifying that error or irregularity at least three calendar days prior to the date for which the deposition is scheduled, on the party seeking to take the deposition and any other attorney or party on whom the deposition notice was served. (b) If an objection is made three calendar days before the deposition date, the objecting party shall make personal service of that objection pursuant to Section 1011 on the party who gave notice of the deposition. Any deposition taken after the service of a written objection shall not be used against the objecting party under Section 2025.620 if the party did not attend the deposition and if the court determines that the objection was a valid one. (c) In addition to serving this written objection, a party may also move for an order staying the taking of the deposition and quashing the deposition notice. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. The taking of the deposition is stayed pending the determination of this motion. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to quash a deposition notice, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (e) (1) Notwithstanding subdivision (d), absent exceptional circumstances, the court shall not impose sanctions on any party, person, or attorney for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. (Amended by Stats. 2012, Ch. 72, Sec. 22. (SB 1574) Effective January 1, 2013.)
  50. 2025.420.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A party, deponent, or other affected person may seek a protective order during deposition practice, and the court can issue orders to prevent unfair burden or other harms.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the deposition not be taken at all. (2) That the deposition be taken at a different time. (3) That a video recording of the deposition testimony of a treating or consulting physician or of any expert witness, intended for possible use at trial under subdivision (d) of Section 2025.620, be postponed until the moving party has had an adequate opportunity to prepare, by discovery deposition of the deponent, or other means, for cross-examination. (4) That the deposition be taken at a place other than that specified in the deposition notice, if it is within a distance permitted by Sections 2025.250 and 2025.260. (5) That the deposition be taken only on certain specified terms and conditions. (6) That the deponent’s testimony be taken by written, instead of oral, examination. (7) That the method of discovery be interrogatories to a party instead of an oral deposition. (8) That the testimony be recorded in a manner different from that specified in the deposition notice. (9) That certain matters not be inquired into. (10) That the scope of the examination be limited to certain matters. (11) That all or certain of the writings or tangible things designated in the deposition notice not be produced, inspected, copied, tested, or sampled, or that conditions be set for the production of electronically stored information designated in the deposition notice. (12) That designated persons, other than the parties to the action and their officers and counsel, be excluded from attending the deposition. (13) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only to specified persons or only in a specified way. (14) That the parties simultaneously file specified documents enclosed in sealed envelopes to be opened as directed by the court. (15) That the deposition be sealed and thereafter opened only on order of the court. (16) That examination of the deponent be terminated. If an order terminates the examination, the deposition shall not thereafter be resumed, except on order of the court. (c) The party, deponent, or any other affected natural person or organization that seeks a protective order regarding the production, inspection, copying, testing, or sampling of electronically stored information on the basis that the information is from a source that is not reasonably accessible because of undue burden or expense shall bear the burden of demonstrating that the information is from a source that is not reasonably accessible because of undue burden or expense. (d) If the party or affected person from whom discovery of electronically stored information is sought establishes that the information is from a source that is not reasonably accessible because of undue burden or expense, the court may nonetheless order discovery if the demanding party shows good cause, subject to any limitations imposed under subdivision (f). (e) If the court finds good cause for the production of electronically stored information from a source that is not reasonably accessible, the court may set conditions for the discovery of the electronically stored information, including allocation of the expense of discovery. (f) The court shall limit the frequency or extent of discovery of electronically stored information, even from a source that is reasonably accessible, if the court determines that any of the following conditions exist: (1) It is possible to obtain the information from some other source that is more convenient, less burdensome, or less expensive. (2) The discovery sought is unreasonably cumulative or duplicative. (3) The party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought. (4) The likely burden or expense of the proposed discovery outweighs the likely benefit, taking into account the amount in controversy, the resources of the parties, the importance of the issues in the litigation, and the importance of the requested discovery in resolving the issues. (g) If the motion for a protective order is denied in whole or in part, the court may order that the deponent provide or permit the discovery against which protection was sought on those terms and conditions that are just. (h) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (i) (1) Notwithstanding subdivision (h), absent exceptional circumstances, the court shall not impose sanctions on any party, deponent, or other affected natural person or organization or any of their attorneys for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. (Amended by Stats. 2012, Ch. 72, Sec. 23. (SB 1574) Effective January 1, 2013.)
  51. 2025.430.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    If the noticing party fails to attend or proceed with a deposition, the court must impose a monetary sanction unless substantial justification or other circumstances make that unfair.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 Section 2023.010) against that party, or the attorney for that party, or both, and in favor of any party attending in person or by attorney, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  52. 2025.440.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    The court must impose a monetary sanction when a noticed deposition fails because the noticing party did not serve a required subpoena, unless justification or unfairness makes the sanction unjust. If a subpoenaed deponent fails to attend or refuses to be sworn, the court may impose sanctions under Section 2020.240.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that party, or the attorney for that party, or both, in favor of any other party who, in person or by attorney, attended at the time and place specified in the deposition notice in the expectation that the deponent’s testimony would be taken, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (b) If a deponent on whom a deposition subpoena has been served fails to attend a deposition or refuses to be sworn as a witness, the court may impose on the deponent the sanctions described in Section 2020.240. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  53. 2025.450.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A party who gave a deposition notice may ask the court to compel attendance, testimony, or production when the deponent fails to appear or produce items without a valid objection. The court can also limit ESI discovery, set conditions, and impose sanctions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (b) A motion under subdivision (a) shall comply with both of the following: (1) The motion shall set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (c) In a motion under subdivision (a) relating to the production of electronically stored information, the party or party-affiliated deponent objecting to or opposing the production, inspection, copying, testing, or sampling of electronically stored information on the basis that the information is from a source that is not reasonably accessible because of the undue burden or expense shall bear the burden of demonstrating that the information is from a source that is not reasonably accessible because of undue burden or expense. (d) If the party or party-affiliated deponent from whom discovery of electronically stored information is sought establishes that the information is from a source that is not reasonably accessible because of the undue burden or expense, the court may nonetheless order discovery if the demanding party shows good cause, subject to any limitations imposed under subdivision (f). (e) If the court finds good cause for the production of electronically stored information from a source that is not reasonably accessible, the court may set conditions for the discovery of the electronically stored information, including allocation of the expense of discovery. (f) The court shall limit the frequency or extent of discovery of electronically stored information, even from a source that is reasonably accessible, if the court determines that any of the following conditions exists: (1) It is possible to obtain the information from some other source that is more convenient, less burdensome, or less expensive. (2) The discovery sought is unreasonably cumulative or duplicative. (3) The party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought. (4) The likely burden or expense of the proposed discovery outweighs the likely benefit, taking into account the amount in controversy, the resources of the parties, the importance of the issues in the litigation, and the importance of the requested discovery in resolving the issues. (g) (1) If a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (2) On motion of any other party who, in person or by attorney, attended at the time and place specified in the deposition notice in the expectation that the deponent’s testimony would be taken, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of that party and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (h) If that party or party-affiliated deponent then fails to obey an order compelling attendance, testimony, and production, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010) against that party deponent or against the party with whom the deponent is affiliated. In lieu of, or in addition to, this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that deponent or against the party with whom that party deponent is affiliated, and in favor of any party who, in person or by attorney, attended in the expectation that the deponent’s testimony would be taken pursuant to that order. (i) (1) Notwithstanding subdivisions (g) and (h), absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. (Amended by Stats. 2012, Ch. 72, Sec. 24. (SB 1574) Effective January 1, 2013.)
  54. 2025.460.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    This section says certain objections during a deposition must be made timely or they are waived, while some competency and admissibility objections are preserved.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 Section 2018.010) is waived unless a specific objection to its disclosure is timely made during the deposition. (b) Errors and irregularities of any kind occurring at the oral examination that might be cured if promptly presented are waived unless a specific objection to them is timely made during the deposition. These errors and irregularities include, but are not limited to, those relating to the manner of taking the deposition, to the oath or affirmation administered, to the conduct of a party, attorney, deponent, or deposition officer, or to the form of any question or answer. Unless the objecting party demands that the taking of the deposition be suspended to permit a motion for a protective order under Sections 2025.420 and 2025.470, the deposition shall proceed subject to the objection. (c) Objections to the competency of the deponent, or to the relevancy, materiality, or admissibility at trial of the testimony or of the materials produced are unnecessary and are not waived by failure to make them before or during the deposition. (d) If a deponent objects to the production of electronically stored information on the grounds that it is from a source that is not reasonably accessible because of undue burden or expense and that the deponent will not search the source in the absence of an agreement with the deposing party or court order, the deponent shall identify in its objection the types or categories of sources of electronically stored information that it asserts are not reasonably accessible. By objecting and identifying information of a type or category of source or sources that are not reasonably accessible, the deponent preserves any objections it may have relating to that electronically stored information. (e) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent’s control that is specified in the deposition notice or a deposition subpoena, the party seeking that answer or production may adjourn the deposition or complete the examination on other matters without waiving the right at a later time to move for an order compelling that answer or production under Section 2025.480. (f) Notwithstanding subdivision (a), if a deponent notifies the party that took a deposition that electronically stored information produced pursuant to the deposition notice or subpoena is subject to a claim of privilege or of protection as attorney work product, as described in Section 2031.285, the provisions of Section 2031.285 shall apply. (Amended by Stats. 2012, Ch. 72, Sec. 25. (SB 1574) Effective January 1, 2013.)
  55. 2025.470.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A deposition officer generally cannot stop testimony unless all حاضر parties stipulate, except when an attending party or the deponent asks for a pause to seek a protective order for bad-faith or harassing questioning.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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, including the deponent, demands that the deposition officer suspend taking the testimony to enable that party or deponent to move for a protective order under Section 2025.420 on the ground that the examination is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses that deponent or party. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  56. 2025.480.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section lets a party seek a court order compelling deposition answers or production, but it sets notice, timing, transcript-lodging, and electronic-discovery rules, and it authorizes sanctions for unsuccessful motions or disobedience, with a narrow exception for routine good-faith ESI loss.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions [2025.410 - 2025.480] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040. (c) Notice of this motion shall be given to all parties and to the deponent either orally at the examination, or by subsequent service in writing. If the notice of the motion is given orally, the deposition officer shall direct the deponent to attend a session of the court at the time specified in the notice. (d) In a motion under subdivision (a) relating to the production of electronically stored information, the deponent objecting to or opposing the production, inspection, copying, testing, or sampling of electronically stored information on the basis that the information is from a source that is not reasonably accessible because of the undue burden or expense shall bear the burden of demonstrating that the information is from a source that is not reasonably accessible because of undue burden or expense. (e) If the deponent from whom discovery of electronically stored information is sought establishes that the information is from a source that is not reasonably accessible because of the undue burden or expense, the court may nonetheless order discovery if the deposing party shows good cause, subject to any limitations imposed under subdivision (g). (f) If the court finds good cause for the production of electronically stored information from a source that is not reasonably accessible, the court may set conditions for the discovery of the electronically stored information, including allocation of the expense of discovery. (g) The court shall limit the frequency or extent of discovery of electronically stored information, even from a source that is reasonably accessible, if the court determines that any of the following conditions exists: (1) It is possible to obtain the information from some other source that is more convenient, less burdensome, or less expensive. (2) The discovery sought is unreasonably cumulative or duplicative. (3) The party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought. (4) The likely burden or expense of the proposed discovery outweighs the likely benefit, taking into account the amount in controversy, the resources of the parties, the importance of the issues in the litigation, and the importance of the requested discovery in resolving the issues. (h) Not less than five days prior to the hearing on this motion, the moving party shall lodge with the court a certified copy of any parts of the stenographic transcript of the deposition that are relevant to the motion. If a deposition is recorded by audio or video technology, the moving party is required to lodge a certified copy of a transcript of any parts of the deposition that are relevant to the motion. (i) If the court determines that the answer or production sought is subject to discovery, it shall order that the answer be given or the production be made on the resumption of the deposition. (j) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel an answer or production, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (k) If a deponent fails to obey an order entered under this section, the failure may be considered a contempt of court. In addition, if the disobedient deponent is a party to the action or an officer, director, managing agent, or employee of a party, the court may make those orders that are just against the disobedient party, or against the party with whom the disobedient deponent is affiliated, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that party deponent or against any party with whom the deponent is affiliated. (l) (1) Notwithstanding subdivisions (j) and (k), absent exceptional circumstances, the court shall not impose sanctions on a deponent or any attorney of a deponent for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. (Amended by Stats. 2012, Ch. 72, Sec. 26. (SB 1574) Effective January 1, 2013.)
  57. 2025.510.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section sets rules for transcripts and recordings of depositions, including who pays, who may get copies, and how long stenographic notes must be kept.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 deposition shall bear the cost of the transcription, unless the court, on motion and for good cause shown, orders that the cost be borne or shared by another party. (c) Notwithstanding subdivision (b) of Section 2025.320, any other party or the deponent, at the expense of that party or deponent, may obtain a copy of the transcript. (d) If the deposition officer receives a request from a party for an original or a copy of the deposition transcript, or any portion thereof, and the full or partial transcript will be available to that party prior to the time the original or copy would be available to any other party, the deposition officer shall immediately notify all other parties attending the deposition of the request, and shall, upon request by any party other than the party making the original request, make that copy of the full or partial deposition transcript available to all parties at the same time. (e) Stenographic notes of depositions shall be retained by the reporter for a period of not less than eight years from the date of the deposition, where no transcript is produced, and not less than one year from the date on which the transcript is produced. The notes may be either on paper or electronic media, as long as it allows for satisfactory production of a transcript at any time during the periods specified. (f) At the request of any other party to the action, including a party who did not attend the taking of the deposition testimony, any party who records or causes the recording of that testimony by means of audio or video technology shall promptly do both of the following: (1) Permit that other party to hear the audio recording or to view the video recording. (2) Furnish a copy of the audio or video recording to that other party on receipt of payment of the reasonable cost of making that copy of the recording. (g) If the testimony at the deposition is recorded both stenographically and by audio or video technology, the stenographic transcript shall be the official record of that testimony for the purpose of the trial and any subsequent hearing or appeal. (h) (1) The requesting attorney or party appearing in propria persona shall timely pay the deposition officer or the entity providing the services of the deposition officer for the transcription or copy of the transcription described in subdivision (b) or (c), and any other deposition product or service that is requested either orally or in writing. (2) This subdivision shall apply unless responsibility for the payment is otherwise provided by law or unless the deposition officer or entity is notified in writing at the time the services or products are requested that the party or another identified person will be responsible for payment. (3) This subdivision does not prohibit or supersede an agreement between an attorney and a party allocating responsibility for the payment of deposition costs to the party. (4) Nothing in the case of Serrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014 shall be construed to alter the standards by which a court acquires personal jurisdiction over a nonparty to an action. (5) The requesting attorney or party appearing in propria persona, upon the written request of a deposition officer who has obtained a final judgment for payment of services provided pursuant to this subdivision, shall provide to the deposition officer an address that can be used to effectuate service for the purpose of Section 708.110 in the manner specified in Section 415.10. (i) For purposes of this section, “deposition product or service” means any product or service provided in connection with a deposition that qualifies as shorthand reporting, as described in Section 8017 of the Business and Professions Code, and any product or service derived from that shorthand reporting. (Amended by Stats. 2014, Ch. 913, Sec. 12. (AB 2747) Effective January 1, 2015.)
  58. 2025.520.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

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    The deposition officer must notify the deponent and attending parties when a stenographic transcript is ready, and the deponent then has a limited period to change answers and approve or refuse the transcript.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 deposition when the original transcript of the testimony for each session of the deposition is available for reading, correcting, and signing, unless the deponent and the attending parties agree on the record that the reading, correcting, and signing of the transcript of the testimony will be waived or that the reading, correcting, and signing of a transcript of the testimony will take place after the entire deposition has been concluded or at some other specific time. (b) For 30 days following each notice under subdivision (a), unless the attending parties and the deponent agree on the record or otherwise in writing to a longer or shorter time period, the deponent may change the form or the substance of the answer to a question, and may either approve the transcript of the deposition by signing it, or refuse to approve the transcript by not signing it. (c) Alternatively, within this same period, the deponent may change the form or the substance of the answer to any question and may approve or refuse to approve the transcript by means of a letter to the deposition officer signed by the deponent which is mailed by certified or registered mail with return receipt requested. A copy of that letter shall be sent by first-class mail to all parties attending the deposition. (d) For good cause shown, the court may shorten the 30-day period for making changes, approving, or refusing to approve the transcript. (e) The deposition officer shall indicate on the original of the transcript, if the deponent has not already done so at the office of the deposition officer, any action taken by the deponent and indicate on the original of the transcript, the deponent’s approval of, or failure or refusal to approve, the transcript. The deposition officer shall also notify in writing the parties attending the deposition of any changes which the deponent timely made in person. (f) If the deponent fails or refuses to approve the transcript within the allotted period, the deposition shall be given the same effect as though it had been approved, subject to any changes timely made by the deponent. (g) Notwithstanding subdivision (f), on a seasonable motion to suppress the deposition, accompanied by a meet and confer declaration under Section 2016.040, the court may determine that the reasons given for the failure or refusal to approve the transcript require rejection of the deposition in whole or in part. (h) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to suppress a deposition under this section, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  59. 2025.530.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

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    If there is no stenographic transcript, the deposition officer must notify the deponent and attendees that the audio or video recording can be reviewed, and the deponent has 30 days to change answers. The officer must record those changes and signature status, and the court can reject the deposition or impose sanctions in certain suppression motions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 the deposition that the audio or video recording made by, or at the direction of, any party, is available for review, unless the deponent and all these parties agree on the record to waive the hearing or viewing of the audio or video recording of the testimony. (b) For 30 days following a notice under subdivision (a), the deponent, either in person or by signed letter to the deposition officer, may change the substance of the answer to any question. (c) The deposition officer shall set forth in a writing to accompany the recording any changes made by the deponent, as well as either the deponent’s signature identifying the deposition as the deponent’s own, or a statement of the deponent’s failure to supply the signature, or to contact the officer within the period prescribed by subdivision (b). (d) When a deponent fails to contact the officer within the period prescribed by subdivision (b), or expressly refuses by a signature to identify the deposition as the deponent’s own, the deposition shall be given the same effect as though signed. (e) Notwithstanding subdivision (d), on a reasonable motion to suppress the deposition, accompanied by a meet and confer declaration under Section 2016.040, the court may determine that the reasons given for the refusal to sign require rejection of the deposition in whole or in part. (f) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to suppress a deposition under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  60. 2025.540.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

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    The deposition officer must certify the transcript or accompanying record as showing the deponent was sworn and that it is a true record. Rough draft transcripts cannot be certified or used as the certified transcript.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 described in Section 2025.530, that the deponent was duly sworn and that the transcript or recording is a true record of the testimony given. (b) When prepared as a rough draft transcript, the transcript of the deposition may not be certified and may not be used, cited, or transcribed as the certified transcript of the deposition proceedings. The rough draft transcript may not be cited or used in any way or at any time to rebut or contradict the certified transcript of deposition proceedings as provided by the deposition officer. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  61. 2025.550.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A certified deposition transcript must not be filed with the court; it must be sealed, sent to the noticing attorney, stored securely, and kept for at least six months after final disposition, unless the court orders longer preservation.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 envelope or package endorsed with the title of the action and marked: “Deposition of (here insert name of deponent),” and shall promptly transmit it to the attorney for the party who noticed the deposition. This attorney shall store it under conditions that will protect it against loss, destruction, or tampering. (b) The attorney to whom the transcript of a deposition is transmitted shall retain custody of it until six months after final disposition of the action. At that time, the transcript may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the transcript be preserved for a longer period. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  62. 2025.560.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

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    Deposition audio or video recordings generally must not be filed with the court; the custodian must keep and protect them, provide access or copies on request for a reasonable charge or cost, and keep them for six months after final disposition unless a court orders longer preservation.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 qualified under subdivisions (b) to (f), inclusive, of Section 2025.340, shall not be filed with the court. Instead, the operator shall retain custody of that recording and shall store it under conditions that will protect it against loss, destruction, or tampering, and preserve as far as practicable the quality of the recording and the integrity of the testimony and images it contains. (b) At the request of any party to the action, including a party who did not attend the taking of the deposition testimony, or at the request of the deponent, that operator shall promptly do both of the following: (1) Permit the one making the request to hear or to view the recording on receipt of payment of a reasonable charge for providing the facilities for hearing or viewing the recording. (2) Furnish a copy of the audio or video recording to the one making the request on receipt of payment of the reasonable cost of making that copy of the recording. (c) The attorney or operator who has custody of an audio or video recording of deposition testimony made by, or at the direction of, any party, shall retain custody of it until six months after final disposition of the action. At that time, the audio or video recording may be destroyed or erased, unless the court, on motion of any party and for good cause shown, orders that the recording be preserved for a longer period. (Amended by Stats. 2009, Ch. 88, Sec. 18. (AB 176) Effective January 1, 2010.)
  63. 2025.570.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A deposition officer must provide requested copies of deposition transcripts or recordings, unless a court orders otherwise, and may charge a reasonable fee.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Transcript or Recording [2025.510 - 2025.570] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 made by, or at the direction of, any party, or an audio or video recording of the deposition testimony, if still in the possession of the deposition officer, shall be made available by the deposition officer to any person requesting a copy, on payment of a reasonable charge set by the deposition officer. (b) If a copy is requested from the deposition officer, the deposition officer shall mail a notice to all parties attending the deposition and to the deponent at the deponent’s last known address advising them of all of the following: (1) The copy is being sought. (2) The name of the person requesting the copy. (3) The right to seek a protective order under Section 2025.420. (c) If a protective order is not served on the deposition officer within 30 days of the mailing of the notice, the deposition officer shall make the copy available to the person requesting the copy. (d) This section shall apply only to recorded testimony taken at depositions occurring on or after January 1, 1998. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  64. 2025.610.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Post-Deposition Procedures [2025.610 - 2025.620] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section limits repeat depositions of the same deponent, but allows them in limited circumstances with court approval, party stipulation, or specific exceptions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Post-Deposition Procedures [2025.610 - 2025.620] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 has been served with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that deponent. (b) Notwithstanding subdivision (a), for good cause shown, the court may grant leave to take a subsequent deposition, and the parties, with the consent of any deponent who is not a party, may stipulate that a subsequent deposition be taken. (c) This section does not preclude taking one subsequent deposition of a natural person who has previously been examined under either or both of the following circumstances: (1) The person was examined as a result of that person’s designation to testify on behalf of an organization under Section 2025.230. (2) The person was examined pursuant to a court order under Section 485.230, for the limited purpose of discovering pursuant to Section 485.230 the identity, location, and value of property in which the deponent has an interest. (d) This section does not authorize the taking of more than one subsequent deposition for the limited purpose of Section 485.230. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  65. 2025.620.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Post-Deposition Procedures [2025.610 - 2025.620] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section says when depositions may be used at trial or other hearings, including for impeachment, by adverse parties, under certain distance or hardship conditions, as video testimony, and after party substitution or in later related actions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 9. Oral Deposition Inside California [2025.010 - 2025.620] ( Chapter 9 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Post-Deposition Procedures [2025.610 - 2025.620] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 the deposition, or who had due notice of the deposition and did not serve a valid objection under Section 2025.410, so far as admissible under the rules of evidence applied as though the deponent were then present and testifying as a witness, in accordance with the following provisions: (a) Any party may use a deposition for the purpose of contradicting or impeaching the testimony of the deponent as a witness, or for any other purpose permitted by the Evidence Code. (b) An adverse party may use for any purpose, a deposition of a party to the action, or of anyone who at the time of taking the deposition was an officer, director, managing agent, employee, agent, or designee under Section 2025.230 of a party. It is not ground for objection to the use of a deposition of a party under this subdivision by an adverse party that the deponent is available to testify, has testified, or will testify at the trial or other hearing. (c) Any party may use for any purpose the deposition of any person or organization, including that of any party to the action, if the court finds any of the following: (1) The deponent resides more than 150 miles from the place of the trial or other hearing. (2) The deponent, without the procurement or wrongdoing of the proponent of the deposition for the purpose of preventing testimony in open court, is any of the following: (A) Exempted or precluded on the ground of privilege from testifying concerning the matter to which the deponent’s testimony is relevant. (B) Disqualified from testifying. (C) Dead or unable to attend or testify because of existing physical or mental illness or infirmity. (D) Absent from the trial or other hearing and the court is unable to compel the deponent’s attendance by its process. (E) Absent from the trial or other hearing and the proponent of the deposition has exercised reasonable diligence but has been unable to procure the deponent’s attendance by the court’s process. (3) Exceptional circumstances exist that make it desirable to allow the use of any deposition in the interests of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court. (d) Any party may use a video recording of the deposition testimony of a treating or consulting physician or of any expert witness even though the deponent is available to testify if the deposition notice under Section 2025.220 reserved the right to use the deposition at trial, and if that party has complied with subdivision (m) of Section 2025.340. (e) Subject to the requirements of this chapter, a party may offer in evidence all or any part of a deposition, and if the party introduces only part of the deposition, any other party may introduce any other parts that are relevant to the parts introduced. (f) Substitution of parties does not affect the right to use depositions previously taken. (g) When an action has been brought in any court of the United States or of any state, and another action involving the same subject matter is subsequently brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the initial action may be used in the subsequent action as if originally taken in that subsequent action. A deposition previously taken may also be used as permitted by the Evidence Code. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  66. 2026.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 10. Oral Deposition Outside California [2026.010 - 2027.010] ( Chapter 10 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may take an oral deposition outside California, and the court clerk must issue a commission on request.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 10. Oral Deposition Outside California [2026.010 - 2027.010] ( Chapter 10 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 an insular possession subject to its jurisdiction. Except as modified in this section, the procedures for taking oral depositions in California set forth in Chapter 9 (commencing with Section 2025.010) apply to an oral deposition taken in another state of the United States, or in a territory or an insular possession subject to its jurisdiction. (b) If a deponent is a party to the action or an officer, director, managing agent, or employee of a party, the service of the deposition notice is effective to compel that deponent to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection, copying, testing, or sampling. The deposition notice shall specify a place in the state, territory, or insular possession of the United States that is within 75 miles of the residence or a business office of a deponent. (c) If the deponent is not a party to the action or an officer, director, managing agent, or employee of a party, a party serving a deposition notice under this section shall use any process and procedures required and available under the laws of the state, territory, or insular possession where the deposition is to be taken to compel the deponent to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection, copying, testing, sampling, and any related activity. (d) A deposition taken under this section shall be conducted in either of the following ways: (1) Under the supervision of a person who is authorized to administer oaths by the laws of the United States or those of the place where the examination is to be held, and who is not otherwise disqualified under Section 2025.320 and subdivisions (b) to (f), inclusive, of Section 2025.340. (2) Before a person appointed by the court. (e) An appointment under subdivision (d) is effective to authorize that person to administer oaths and to take testimony. (f) On request, the clerk of the court shall issue a commission authorizing the deposition in another state or place. The commission shall request that process issue in the place where the examination is to be held, requiring attendance and enforcing the obligations of the deponents to produce documents and electronically stored information and answer questions. The commission shall be issued by the clerk to any party in any action pending in its venue without a noticed motion or court order. The commission may contain terms that are required by the foreign jurisdiction to initiate the process. If a court order is required by the foreign jurisdiction, an order for a commission may be obtained by ex parte application. (Amended by Stats. 2012, Ch. 72, Sec. 27. (SB 1574) Effective January 1, 2013.)
  67. 2027.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 10. Oral Deposition Outside California [2026.010 - 2027.010] ( Chapter 10 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Any party may take an oral deposition in a foreign nation, and the court may issue a commission, letters rogatory, or a letter of request when needed or convenient.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 10. Oral Deposition Outside California [2026.010 - 2027.010] ( Chapter 10 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 procedures for taking oral depositions in California set forth in Chapter 9 (commencing with Section 2025.010) apply to an oral deposition taken in a foreign nation. (b) If a deponent is a party to the action or an officer, director, managing agent, or employee of a party, the service of the deposition notice is effective to compel the deponent to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection, copying, testing, or sampling. (c) If a deponent is not a party to the action or an officer, director, managing agent or employee of a party, a party serving a deposition notice under this section shall use any process and procedures required and available under the laws of the foreign nation where the deposition is to be taken to compel the deponent to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection, copying, testing, sampling, and any related activity. (d) A deposition taken under this section shall be conducted under the supervision of any of the following: (1) A person who is authorized to administer oaths or their equivalent by the laws of the United States or of the foreign nation, and who is not otherwise disqualified under Section 2025.320 and subdivisions (b) to (f), inclusive, of Section 2025.340. (2) A person or officer appointed by commission or under letters rogatory. (3) Any person agreed to by all the parties. (e) On motion of the party seeking to take an oral deposition in a foreign nation, the court in which the action is pending shall issue a commission, letters rogatory, or a letter of request, if it determines that one is necessary or convenient. The commission, letters rogatory, or letter of request may include any terms and directions that are just and appropriate. The deposition officer may be designated by name or by descriptive title in the deposition notice and in the commission. Letters rogatory or a letter of request may be addressed: “To the Appropriate Judicial Authority in [name of foreign nation].” (Amended by Stats. 2012, Ch. 72, Sec. 28. (SB 1574) Effective January 1, 2013.)
  68. 2028.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Any party may get discovery by using written questions for a deposition instead of an oral examination, subject to this chapter’s modifications.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 for taking oral depositions set forth in Chapters 9 (commencing with Section 2025.010) and 10 (commencing with Section 2026.010) apply to written depositions. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  69. 2028.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A written deposition notice must follow specified code sections, but it must state the deposition officer’s name/title and address, and the start date, time, and place may be left for the deposition officer to तयermine later.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 name or descriptive title, as well as the address, of the deposition officer shall be stated. (b) The date, time, and place for commencement of the deposition may be left to future determination by the deposition officer. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  70. 2028.030.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    In written depositions, questions must be served on other parties within set time limits, and the court may change those time limits for good cause.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 deposition notice and questions are served, a party shall serve any cross questions on all other parties entitled to notice of the deposition. (c) Within 15 days after being served with cross questions, a party shall serve any redirect questions on all other parties entitled to notice of the deposition. (d) Within 15 days after being served with redirect questions, a party shall serve any recross questions on all other parties entitled to notice of the deposition. (e) The court may, for good cause shown, extend or shorten the time periods for the interchange of cross, redirect, and recross questions. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  71. 2028.040.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party objecting to the form of a deposition question must serve a specific objection within 15 days, and the objecting party must promptly move the court to sustain it.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 within 15 days after service of the question. A party who fails to timely serve an objection to the form of a question waives it. (b) The objecting party shall promptly move the court to sustain the objection. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. Unless the court has sustained that objection, the deposition officer shall propound to the deponent that question subject to that objection as to its form. (c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to sustain an objection, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  72. 2028.050.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party objecting to a deposition question on privilege or work-product grounds must serve a specific objection within 15 days, or waive it.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 with Section 2018.010) shall serve a specific objection to that question on all parties entitled to notice of the deposition within 15 days after service of the question. A party who fails to timely serve that objection waives it. (b) The party propounding any question to which an objection is made on those grounds may then move the court for an order overruling that objection. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. The deposition officer shall not propound to the deponent any question to which a written objection on those grounds has been served unless the court has overruled that objection. (c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to overrule an objection, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  73. 2028.060.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    In a written deposition, the party taking it may send the deponent the direct-examination questions to study beforehand, but no party or attorney may let the deponent see the form or substance of cross, redirect, or recross questions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 party or attorney shall permit the deponent to preview the form or the substance of any cross, redirect, or recross questions. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  74. 2028.070.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The court may change how a written deposition is handled and may order oral examination, party attendance and questioning, rulings on objections, or a different officer to take the deposition.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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, instead of written, examination. (b) That one or more of the parties receiving notice of the written deposition be permitted to attend in person or by attorney and to propound questions to the deponent by oral examination. (c) That objections under Sections 2028.040 and 2028.050 be sustained or overruled. (d) That the deposition be taken before an officer other than the one named or described in the deposition notice. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  75. 2028.080.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The party taking a written deposition must give the designated deposition officer a copy of the notice and all served questions, and the officer must promptly ask the questions and record the deponent’s testimony.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 11. Deposition by Written Questions [2028.010 - 2028.080] ( Chapter 11 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 Section 2028.030. The deposition officer shall proceed promptly to propound the questions and to take and record the testimony of the deponent in response to the questions. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  76. 2029.100.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    This article may be cited as the Interstate and International Depositions and Discovery Act.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 2029.100. This article may be cited as the Interstate and International Depositions and Discovery Act. (Added by Stats. 2008, Ch. 231, Sec. 3. Effective January 1, 2009.)
  77. 2029.200.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    This section defines several terms used in the article, including “foreign jurisdiction,” “foreign penal civil action,” “foreign subpoena,” “person,” “state,” and “subpoena.”

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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 action” means a civil action authorized by the law of a state other than this state in which the sole purpose is to punish an offense against the public justice of that state. (c) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction. (d) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (e) “State” means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. (f) “Subpoena” means a document, however denominated, issued under authority of a court of record requiring a person to do any of the following: (1) Attend and give testimony at a deposition. (2) Produce and permit inspection, copying, testing, or sampling of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person. (3) Permit inspection of premises under the control of the person. (Amended by Stats. 2022, Ch. 628, Sec. 3. (AB 2091) Effective September 27, 2022.)
  78. 2029.300.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    A party seeking a subpoena for out-of-state discovery must file a foreign subpoena with the county superior court clerk, submit a matching application, and pay the required fee.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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 the superior court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this section does not constitute making an appearance in the courts of this state. (b) In addition to submitting a foreign subpoena under subdivision (a), a party seeking discovery shall do both of the following: (1) Submit an application requesting that the superior court issue a subpoena with the same terms as the foreign subpoena. The application shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390. No civil case cover sheet is required. (2) Pay the fee specified in Section 70626 of the Government Code. (c) When a party submits a foreign subpoena to the clerk of the superior court in accordance with subdivision (a), and satisfies the requirements of subdivision (b), the clerk shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. (d) A subpoena issued under this section shall satisfy all of the following conditions: (1) It shall incorporate the terms used in the foreign subpoena. (2) It shall contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. (3) It shall bear the caption and case number of the out-of-state case to which it relates. (4) It shall state the name of the court that issues it. (5) It shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390. (e) Notwithstanding subdivision (a), a subpoena shall not be issued pursuant to this section in any of the following circumstances: (1) If the foreign subpoena is based on a violation of another state’s laws that interfere with a person’s right to seek or obtain gender-affirming health care or gender-affirming mental health care or to allow a child to receive gender-affirming health care or gender-affirming mental health care. For the purpose of this paragraph, “gender-affirming health care” and “gender-affirming mental health care” shall have the same meanings as provided in Section 16010.2 of the Welfare and Institutions Code. (2) If the submitted foreign subpoena relates to a foreign penal civil action and would require disclosure of information related to sensitive services. For purposes of this paragraph, “sensitive services” has the same meaning as defined in Section 791.02 of the Insurance Code. (Amended by Stats. 2025, Ch. 764, Sec. 3. (SB 497) Effective October 13, 2025.)
  79. 2029.350.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    An attorney may issue a subpoena for a foreign proceeding if the listed conditions are met, but not in two specified gender-affirming-care and sensitive-services situations.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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 state, who is an active member of the State Bar, and that attorney receives the original or a true and correct copy of a foreign subpoena, the attorney may issue a subpoena under this article. (b) (1) Notwithstanding subdivision (a), an authorized attorney shall not issue a subpoena pursuant to subdivision (a) if the foreign subpoena is based on a violation of another state’s laws that interfere with a person’s right to seek or obtain gender-affirming health care or gender-affirming mental health care or to allow a child to receive gender-affirming health care or gender-affirming mental health care. (2) For the purpose of this subdivision, “gender-affirming health care” and “gender-affirming mental health care” shall have the same meanings as provided in Section 16010.2 of the Welfare and Institutions Code. (c) Notwithstanding subdivision (a), an attorney shall not issue a subpoena under this article based on a foreign subpoena that relates to a foreign penal civil action and that would require disclosure of information related to sensitive services. For purposes of this subdivision, “sensitive services” has the same meaning as defined in Section 791.02 of the Insurance Code. (d) A subpoena issued under this section shall satisfy all of the following conditions: (1) It shall incorporate the terms used in the foreign subpoena. (2) It shall contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. (3) It shall bear the caption and case number of the out-of-state case to which it relates. (4) It shall state the name of the superior court of the county in which the discovery is to be conducted. (5) It shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390. (Amended by Stats. 2025, Ch. 764, Sec. 4. (SB 497) Effective October 13, 2025.)
  80. 2029.390.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    The Judicial Council must, by January 1, 2010, prepare an application form for Section 2029.300 and either prepare new subpoena forms with clear instructions or modify existing subpoena forms to add those instructions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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. (b) Prepare one or more new subpoena forms that include clear instructions for use in issuance of a subpoena under Section 2029.300 or 2029.350. Alternatively, the Judicial Council may modify one or more existing subpoena forms to include clear instructions for use in issuance of a subpoena under Section 2029.300 or 2029.350. (Added by Stats. 2008, Ch. 231, Sec. 3. Effective January 1, 2009.)
  81. 2029.400.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    A subpoena issued under this article must be personally served under California law, including Section 1985.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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. (Added by Stats. 2008, Ch. 231, Sec. 3. Effective January 1, 2009.)
  82. 2029.500.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    This section says certain California discovery laws and court rules apply to discovery under this article.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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 deposition, a production of documents or other tangible items, or an inspection of premises, including any law or court rule governing payment of court costs or sanctions, apply to discovery under this article. (Added by Stats. 2008, Ch. 231, Sec. 3. Effective January 1, 2009.)
  83. 2029.600.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    If a discovery dispute arises under this article, certain requests may be filed in the superior court in the county where discovery is conducted, and they must follow California rules or statutes if filed. A petition for relief under this section must be called a petition and include a civil case cover sheet.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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 relief may be filed in the superior court in the county in which discovery is to be conducted and, if so filed, shall comply with the applicable rules or statutes of this state. (b) A request for relief pursuant to this section shall be referred to as a petition notwithstanding any statute under which a request for the same relief would be referred to as a motion or by another term if it was brought in a proceeding pending in this state. (c) A petition for relief pursuant to this section shall be accompanied by a civil case cover sheet. (Added by Stats. 2008, Ch. 231, Sec. 3. Effective January 1, 2009.)
  84. 2029.610.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    This section sets filing fees and document requirements for petitions and responses in out-of-state discovery matters.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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 Section 70611 of the Government Code. A petitioner who is not a party to the out-of-state proceeding shall pay the fee specified in subdivision (c) of Section 70626 of the Government Code. (b) The court in which the petition is filed shall assign it a case number. (c) On responding to a petition under Section 2029.600, a party to the out-of-state proceeding shall pay a first appearance fee as specified in Section 70612 of the Government Code. A person who is not a party to the out-of-state proceeding may file a response without paying a fee. (d) Any petition, response, or other document filed under this section shall satisfy all of the following conditions: (1) It shall bear the caption and case number of the out-of-state case to which it relates. (2) The first page shall state the name of the court in which the document is filed. (3) The first page shall state the case number assigned by the court under subdivision (b). (4) The first page shall state whether or not the person filing the document is a party to the out-of-state case. (Amended by Stats. 2011, Ch. 308, Sec. 4. (SB 647) Effective January 1, 2012.)
  85. 2029.620.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    If a later discovery dispute arises in the same county for the same out-of-state proceeding, the deponent or other disputant may file a new petition in the same superior court, and related filings must include specific case-identifying details and a civil case cover sheet.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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 of the same out-of-state proceeding, the deponent or other disputant may file a petition for appropriate relief in the same superior court as the previous petition. (b) The first page of the petition shall clearly indicate that it is not the first petition filed in that court that relates to the out-of-state case. (c) (1) If the petitioner in the new dispute is a party to the out-of-state case who previously paid a first appearance fee under this article, the petitioner shall pay a motion fee as specified in subdivision (a) of Section 70617 of the Government Code. If the petitioner in the new dispute is a party to the out-of-state case but has not previously paid a first appearance fee under this article, the petitioner shall pay a first appearance fee as specified in Section 70611 of the Government Code. (2) If the petitioner in the new dispute is not a party to the out-of-state case, the petitioner shall pay the fee specified in subdivision (c) of Section 70626 of the Government Code, unless the petitioner previously paid that fee. If the petitioner previously paid the fee specified in subdivision (c) of Section 70626 of the Government Code, the petitioner shall pay a motion fee as specified in subdivision (a) of Section 70617 of the Government Code. (d) If a person responding to the new petition is not a party to the out-of-state case, or is a party who previously paid a first appearance fee under this article, that person does not have to pay a fee for responding. If a person responding to the new petition is a party to the out-of-state case but has not previously paid a first appearance fee under this article, that person shall pay a first appearance fee as specified in Section 70612 of the Government Code. (e) Any petition, response, or other document filed under this section shall satisfy all of the following conditions: (1) It shall bear the caption and case number of the out-of-state case to which it relates. (2) The first page shall state the name of the court in which the document is filed. (3) The first page shall state the same case number that the court assigned to the first petition relating to the out-of-state case. (4) The first page shall state whether or not the person filing the document is a party to the out-of-state case. (f) A petition for relief pursuant to this section shall be accompanied by a civil case cover sheet. (Amended by Stats. 2011, Ch. 308, Sec. 5. (SB 647) Effective January 1, 2012.)
  86. 2029.630.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    A petition under Section 2029.600 or 2029.620 must follow Section 1005’s notice, filing, and service requirements.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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. (Added by Stats. 2008, Ch. 231, Sec. 3. Effective January 1, 2009.)
  87. 2029.640.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    A party seeking discovery from a witness in this state by proper notice or agreement does not need a subpoena to seek relief under Sections 2029.600 or 2029.620.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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 necessary for that party to obtain a subpoena under this article to be able to seek relief under Section 2029.600 or 2029.620. The deponent or any other party may also seek relief under Section 2029.600 or 2029.620 in those circumstances, regardless of whether the deponent was subpoenaed under this article. (Added by Stats. 2008, Ch. 231, Sec. 3. Effective January 1, 2009.)
  88. 2029.650.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    A person aggrieved by a qualifying superior court order may seek an extraordinary writ in the court of appeal, and that court may stay the order or related discovery while it decides the writ petition.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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 order may petition the appropriate court of appeal for an extraordinary writ. No order or other action of a court under this article is appealable in this state. (b) Pending its decision on the writ petition, the court of appeal may stay the order of the superior court, the discovery that is the subject of that order, or both. (Added by Stats. 2008, Ch. 231, Sec. 3. Effective January 1, 2009.)
  89. 2029.700.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    This section names the cited discovery-act sections as the California version of the Uniform Interstate Depositions and Discovery Act and says the act should be interpreted to promote uniformity among enacting states.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 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 as the “California version of the Uniform Interstate Depositions and Discovery Act.” (b) In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. (Added by Stats. 2008, Ch. 231, Sec. 3. Effective January 1, 2009.)
  90. 2029.800.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    This article applies to discovery requests in cases pending on or after the operative date of this section.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 2029.800. This article applies to requests for discovery in cases pending on or after the operative date of this section. (Added by Stats. 2008, Ch. 231, Sec. 3. Effective January 1, 2009.)
  91. 2029.900.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. )

    Verify source ↗

    This section sets when parts of the article become operative.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 12. Discovery in Action Pending Outside California [2029.100 - 2029.900] ( Heading of Chapter 12 amended by Stats. 2008, Ch. 231, Sec. 1. ) ## ARTICLE 1. Interstate and International Depositions and Discovery Act [2029.100 - 2029.900] ( Article 1 added by Stats. 2008, Ch. 231, Sec. 3. ) ## 2029.900. Section 2029.390 is operative on January 1, 2009. The remainder of this article is operative on January 1, 2010. (Added by Stats. 2008, Ch. 231, Sec. 3. Effective January 1, 2009.)
  92. 203.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    This section says people are generally qualified to be prospective trial jurors, but lists specific disqualifying conditions.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 203. (a) All persons are eligible and qualified to be prospective trial jurors, except the following: (1) Persons who are not citizens of the United States. (2) Persons who are less than 18 years of age. (3) Persons who are not domiciliaries of the State of California, as determined pursuant to Article 2 (commencing with Section 2020) of Chapter 1 of Division 2 of the Elections Code. (4) Persons who are not residents of the jurisdiction wherein they are summoned to serve. (5) Persons who have been convicted of malfeasance in office and whose civil rights have not been restored. (6) Persons who are not possessed of sufficient knowledge of the English language, provided that no person shall be deemed incompetent solely because of the loss of sight or hearing in any degree or other disability which impedes the person’s ability to communicate or which impairs or interferes with the person’s mobility. (7) Persons who are serving as grand or trial jurors in any court of this state. (8) Persons who are the subject of conservatorship. (9) Persons while they are incarcerated in any prison or jail. (10) Persons who have been convicted of a felony and are currently on parole, postrelease community supervision, felony probation, or mandated supervision for the conviction of a felony. (11) Persons who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on a felony conviction. (b) No person shall be excluded from eligibility for jury service in the State of California, for any reason other than those reasons provided by this section. (c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2019, Ch. 591, Sec. 1. (SB 310) Effective January 1, 2020.)
  93. 2030.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may obtain discovery by serving written interrogatories on another party, subject to the chapter’s scope and restrictions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 Chapter 5 (commencing with Section 2019.010), by propounding to any other party to the action written interrogatories to be answered under oath. (b) An interrogatory may relate to whether another party is making a certain contention, or to the facts, witnesses, and writings on which a contention is based. An interrogatory is not objectionable because an answer to it involves an opinion or contention that relates to fact or the application of law to fact, or would be based on information obtained or legal theories developed in anticipation of litigation or in preparation for trial. (Amended by Stats. 2015, Ch. 303, Sec. 42. (AB 731) Effective January 1, 2016.)
  94. 2030.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Defendants may propound interrogatories without leave of court at any time, and plaintiffs may do so after the stated waiting period; the court may allow an earlier filing for good cause.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first. (c) Notwithstanding subdivision (b), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, a plaintiff may propound interrogatories to a party without leave of court at any time that is 10 days after service of the summons on, or appearance by, that party, whichever occurs first. (d) Notwithstanding subdivisions (b) and (c), on motion with or without notice, the court, for good cause shown, may grant leave to a plaintiff to propound interrogatories at an earlier time. (Amended by Stats. 2025, Ch. 200, Sec. 14. (AB 1521) Effective January 1, 2026.)
  95. 2030.030.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may serve up to 35 specially prepared interrogatories as of right, plus any number of official form interrogatories, if they are relevant to the pending action.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 matter of the pending action. (2) Any additional number of official form interrogatories, as described in Chapter 17 (commencing with Section 2033.710), that are relevant to the subject matter of the pending action. (b) Except as provided in Section 2030.070, no party shall, as a matter of right, propound to any other party more than 35 specially prepared interrogatories. If the initial set of interrogatories does not exhaust this limit, the balance may be propounded in subsequent sets. (c) Unless a declaration as described in Section 2030.050 has been made, a party need only respond to the first 35 specially prepared interrogatories served, if that party states an objection to the balance, under Section 2030.240, on the ground that the limit has been exceeded. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  96. 2030.040.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party with the required supporting declaration may serve more specially prepared interrogatories if the larger number is warranted, but the responding party can seek a protective order.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 described in Section 2030.050 may propound a greater number of specially prepared interrogatories to another party if this greater number is warranted because of any of the following: (1) The complexity or the quantity of the existing and potential issues in the particular case. (2) The financial burden on a party entailed in conducting the discovery by oral deposition. (3) The expedience of using this method of discovery to provide to the responding party the opportunity to conduct an inquiry, investigation, or search of files or records to supply the information sought. (b) If the responding party seeks a protective order on the ground that the number of specially prepared interrogatories is unwarranted, the propounding party shall have the burden of justifying the number of these interrogatories. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  97. 2030.050.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a party serves more than 35 specially prepared interrogatories on another party, it must attach a declaration to each set of interrogatories with the specified statements.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 interrogatories a declaration containing substantially the following: ## DECLARATION FOR ADDITIONAL DISCOVERY I, __________, declare: 1. I am (a party to this action or proceeding appearing in propria persona) (presently the attorney for __________, a party to this action or proceeding). 2. I am propounding to __________ the attached set of interrogatories. 3. This set of interrogatories will cause the total number of specially prepared interrogatories propounded to the party to whom they are directed to exceed the number of specially prepared interrogatories permitted by Section 2030.030 of the Code of Civil Procedure. 4. I have previously propounded a total of __________ interrogatories to this party, of which __________ interrogatories were not official form interrogatories. 5. This set of interrogatories contains a total of __________ specially prepared interrogatories. 6. I am familiar with the issues and the previous discovery conducted by all of the parties in the case. 7. I have personally examined each of the questions in this set of interrogatories. 8. This number of questions is warranted under Section 2030.040 of the Code of Civil Procedure because __________. (Here state each factor described in Section 2030.040 that is relied on, as well as the reasons why any factor relied on is applicable to the instant lawsuit.) 9. None of the questions in this set of interrogatories is being propounded for any improper purpose, such as to harass the party, or the attorney for the party, to whom it is directed, or to cause unnecessary delay or needless increase in the cost of litigation. I declare under penalty of perjury under the laws of California that the foregoing is true and correct, and that this declaration was executed on __________. _____ (Signature) _____ Attorney for (Amended by Stats. 2005, Ch. 22, Sec. 22. Effective January 1, 2006.)
  98. 2030.060.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Rules for propounding written interrogatories: number them consecutively, identify the parties and set number, keep each interrogatory separate and complete, and avoid approved-preface language, subparts, or continuing interrogatories.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 case, there shall appear the identity of the propounding party, the set number, and the identity of the responding party. (c) Each interrogatory in a set shall be separately set forth and identified by number or letter. (d) Each interrogatory shall be full and complete in and of itself. No preface or instruction shall be included with a set of interrogatories unless it has been approved under Chapter 17 (commencing with Section 2033.710). (e) Any term specially defined in a set of interrogatories shall be typed with all letters capitalized wherever that term appears. (f) No specially prepared interrogatory shall contain subparts, or a compound, conjunctive, or disjunctive question. (g) An interrogatory may not be made a continuing one so as to impose on the party responding to it a duty to supplement an answer to it that was initially correct and complete with later acquired information. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  99. 2030.070.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may serve supplemental interrogatories, subject to limits before and after the initial trial date; the court may allow more for good cause on motion.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 later acquired information bearing on all answers previously made by any party in response to interrogatories. (b) A party may propound a supplemental interrogatory twice before the initial setting of a trial date, and, subject to the time limits on discovery proceedings and motions provided in Chapter 8 (commencing with Section 2024.010), once after the initial setting of a trial date. (c) Notwithstanding subdivisions (a) and (b), on motion, for good cause shown, the court may grant leave to a party to propound an additional number of supplemental interrogatories. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  100. 2030.080.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The party sending interrogatories must serve copies on the responding party and also on other appeared parties, unless the court excuses that extra service.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 also serve a copy of the interrogatories on all other parties who have appeared in the action. On motion, with or without notice, the court may relieve the party from this requirement on its determination that service on all other parties would be unduly expensive or burdensome. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  101. 2030.090.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may seek a protective order after interrogatories are served, but the motion must include a meet-and-confer declaration.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Propounding Interrogatories [2030.010 - 2030.090] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the set of interrogatories, or particular interrogatories in the set, need not be answered. (2) That, contrary to the representations made in a declaration submitted under Section 2030.050, the number of specially prepared interrogatories is unwarranted. (3) That the time specified in Section 2030.260 to respond to the set of interrogatories, or to particular interrogatories in the set, be extended. (4) That the response be made only on specified terms and conditions. (5) That the method of discovery be an oral deposition instead of interrogatories to a party. (6) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a certain way. (7) That some or all of the answers to interrogatories be sealed and thereafter opened only on order of the court. (c) If the motion for a protective order is denied in whole or in part, the court may order that the party provide or permit the discovery against which protection was sought on terms and conditions that are just. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  102. 2030.210.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party answering interrogatories must respond in writing under oath, item by item, and follow the section’s rules for formatting, timing, and transmission.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 answer containing the information sought to be discovered. (2) An exercise of the party’s option to produce writings. (3) An objection to the particular interrogatory. (b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the propounding party. (c) Each answer, exercise of option, or objection in the response shall bear the same identifying number or letter and be in the same sequence as the corresponding interrogatory. The text of that interrogatory need not be repeated, except as provided in paragraph (6) of subdivision (d). (d) In order to facilitate the discovery process: (1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the interrogatories in an electronic format to the responding party within three court days of the request. (2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the interrogatories, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request. (3) A party may provide the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. If the parties are unable to agree on a format, the interrogatories or responses to interrogatories shall be provided in plain text format. (4) A party may transmit the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the interrogatories or responses to interrogatories shall be transmitted by electronic mail to an email address provided by the requesting party. (5) If the interrogatories or responses to interrogatories were not created in an electronic format, a party is not required to create the interrogatories or response to interrogatories in an electronic format for the purpose of transmission to the requesting party. (6) A responding party who has requested and received the interrogatories in an electronic format pursuant to paragraph (1) shall include the text of the interrogatory immediately preceding the response. (Amended by Stats. 2019, Ch. 190, Sec. 1. (AB 1349) Effective January 1, 2020.)
  103. 2030.220.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party answering interrogatories must respond fully, clearly, and as completely as reasonably possible, and must make a good-faith effort to get missing information unless it is equally available to the other side.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 permits. (b) If an interrogatory cannot be answered completely, it shall be answered to the extent possible. (c) If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  104. 2030.230.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If answering an interrogatory would require compiling or summarizing a party’s documents and the effort would be about the same for both sides, the responding party may answer by referring to this section and listing the writings. The responding party must also give the other party a reasonable chance to inspect, audit, copy, or summarize those documents.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 party to whom the interrogatory is directed, and if the burden or expense of preparing or making it would be substantially the same for the party propounding the interrogatory as for the responding party, it is a sufficient answer to that interrogatory to refer to this section and to specify the writings from which the answer may be derived or ascertained. This specification shall be in sufficient detail to permit the propounding party to locate and to identify, as readily as the responding party can, the documents from which the answer may be ascertained. The responding party shall then afford to the propounding party a reasonable opportunity to examine, audit, or inspect these documents and to make copies, compilations, abstracts, or summaries of them. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  105. 2030.240.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a party objects to all or part of an interrogatory, it must answer the non-objectionable part and clearly state the specific ground for the objection; if privilege or work product is claimed, that must also be clearly asserted.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 or to a part of an interrogatory, the specific ground for the objection shall be set forth clearly in the response. If an objection is based on a claim of privilege, the particular privilege invoked shall be clearly stated. If an objection is based on a claim that the information sought is protected work product under Chapter 4 (commencing with Section 2018.010), that claim shall be expressly asserted. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  106. 2030.250.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Responses to interrogatories generally must be signed under oath by the responding party, or by an officer/agent for certain organizations, and objection responses must be signed by the responding party’s attorney.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 public or private corporation, or a partnership, association, or governmental agency, one of its officers or agents shall sign the response under oath on behalf of that party. If the officer or agent signing the response on behalf of that party is an attorney acting in that capacity for the party, that party waives any lawyer-client privilege and any protection for work product under Chapter 4 (commencing with Section 2018.010) during any subsequent discovery from that attorney concerning the identity of the sources of the information contained in the response. (c) The attorney for the responding party shall sign any responses that contain an objection. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  107. 2030.260.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party served with interrogatories must respond within 30 days, or within 5 days in unlawful detainer and certain related proceedings, and must also send a copy of the response to other appearing parties unless the court excuses that requirement.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 the propounding party, unless on motion of the propounding party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response. (b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, the party to whom the interrogatories are propounded shall have five days from the date of service to respond, unless on motion of the propounding party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response. (c) The party to whom the interrogatories are propounded shall also serve a copy of the response on all other parties who have appeared in the action. On motion, with or without notice, the court may relieve the party from this requirement on its determination that service on all other parties would be unduly expensive or burdensome. (Amended by Stats. 2007, Ch. 113, Sec. 8. Effective January 1, 2008.)
  108. 2030.270.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The parties may agree to extend the time to serve interrogatory responses, but the agreement must be confirmed in writing and state the new due date.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 particular interrogatories in a set, to a date beyond that provided in Section 2030.260. (b) This agreement may be informal, but it shall be confirmed in a writing that specifies the extended date for service of a response. (c) Unless this agreement expressly states otherwise, it is effective to preserve to the responding party the right to respond to any interrogatory to which the agreement applies in any manner specified in Sections 2030.210, 2030.220, 2030.230, and 2030.240. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  109. 2030.280.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Interrogatories and their responses must not be filed with the court. The propounding party must keep the original interrogatories, proof of service, and sworn response for six months after final disposition, unless the court orders a longer retention period.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 interrogatories, with the original proof of service affixed to them, and the original of the sworn response until six months after final disposition of the action. At that time, both originals may be destroyed, unless the court on motion of any party and for good cause shown orders that the originals be preserved for a longer period. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  110. 2030.290.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a party does not timely respond to interrogatories, it may lose certain objections and the option to produce writings; the court may also compel responses and impose sanctions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240. (2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories. (c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. If a party then fails to obey an order compelling answers, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  111. 2030.300.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A propounding party may ask the court to order a further interrogatory response, but the motion must include a meet-and-confer declaration and is subject to a 45-day notice rule.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. (3) An objection to an interrogatory is without merit or too general. (b) (1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. (2) In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute. (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (e) If a party then fails to obey an order compelling further response to interrogatories, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of, or in addition to, that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (Amended by Stats. 2018, Ch. 317, Sec. 3. (AB 2230) Effective January 1, 2019. Section operative January 1, 2020, pursuant to Sec. 6, Stats. 2018, Ch. 317.)
  112. 2030.310.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may serve an amended interrogatory answer without leave of court if it corrects later-discovered, omitted, or mistaken information. The propounding party may ask the court to treat the original answer as binding, and the court must grant that request if specified prejudice and justification findings are met; unsuccessful motions or oppositions can trigger monetary sanctions unless justified.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Interrogatories [2030.210 - 2030.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2030.310. (a) Without leave of court, a party may serve an amended answer to any interrogatory that contains information subsequently discovered, inadvertently omitted, or mistakenly stated in the initial interrogatory. At the trial of the action, the propounding party or any other party may use the initial answer under Section 2030.410, and the responding party may then use the amended answer. (b) The party who propounded an interrogatory to which an amended answer has been served may move for an order that the initial answer to that interrogatory be deemed binding on the responding party for the purpose of the pending action. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (c) The court shall grant a motion under subdivision (b) if it determines that all of the following conditions are satisfied: (1) The initial failure of the responding party to answer the interrogatory correctly has substantially prejudiced the party who propounded the interrogatory. (2) The responding party has failed to show substantial justification for the initial answer to that interrogatory. (3) The prejudice to the propounding party cannot be cured either by a continuance to permit further discovery or by the use of the initial answer under Section 2030.410. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to deem binding an initial answer to an interrogatory, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  113. 2030.410.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Use of Interrogatory Answer [2030.410- 2030.410.] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A propounding party, or any party other than the responding party, may use interrogatory answers at trial or another hearing, but only against the responding party and only if admissible under the evidence rules.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 13. Written Interrogatories [2030.010 - 2030.410] ( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Use of Interrogatory Answer [2030.410- 2030.410.] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 party may use any answer or part of an answer to an interrogatory only against the responding party. It is not ground for objection to the use of an answer to an interrogatory that the responding party is available to testify, has testified, or will testify at the trial or other hearing. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  114. 2031.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 1. Inspection Demand [2031.010 - 2031.060] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may use discovery to inspect, copy, test, or sample another party’s documents, tangible things, land or other property, and electronically stored information, subject to specified chapter limits and restrictions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 1. Inspection Demand [2031.010 - 2031.060] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 Chapter 5 (commencing with Section 2019.010), by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action. (b) A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party’s behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made. (c) A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party’s behalf, to inspect and to photograph, test, or sample any tangible things that are in the possession, custody, or control of the party on whom the demand is made. (d) A party may demand that any other party allow the party making the demand, or someone acting on the demanding party’s behalf, to enter on any land or other property that is in the possession, custody, or control of the party on whom the demand is made, and to inspect and to measure, survey, photograph, test, or sample the land or other property, or any designated object or operation on it. (e) A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party’s behalf, to inspect, copy, test, or sample electronically stored information in the possession, custody, or control of the party on whom demand is made. (Amended by Stats. 2016, Ch. 86, Sec. 42. (SB 1171) Effective January 1, 2017.)
  115. 2031.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 1. Inspection Demand [2031.010 - 2031.060] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Defendants may demand inspection, copying, testing, or sampling without court leave at any time. Plaintiffs may do so only after the stated waiting period, unless the court grants earlier leave for good cause.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 1. Inspection Demand [2031.010 - 2031.060] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 inspection, copying, testing, or sampling without leave of court at any time that is 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. (c) Notwithstanding subdivision (b), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, a plaintiff may make a demand for inspection, copying, testing, or sampling without leave of court at any time that is 10 days after service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. (d) Notwithstanding subdivisions (b) and (c), on motion with or without notice, the court, for good cause shown, may grant leave to a plaintiff to make a demand for inspection, copying, testing, or sampling at an earlier time. (Amended by Stats. 2025, Ch. 200, Sec. 15. (AB 1521) Effective January 1, 2026.)
  116. 2031.030.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 1. Inspection Demand [2031.010 - 2031.060] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party serving an inspection demand must number the demand sets and include required case-party information; each demand must be separately stated and include the items requested, a reasonable place, and a reasonable time, with special timing rules for certain cases.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 1. Inspection Demand [2031.010 - 2031.060] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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, testing, or sampling of electronically stored information may specify the form or forms in which each type of electronically stored information is to be produced. (b) In the first paragraph immediately below the title of the case, there shall appear the identity of the demanding party, the set number, and the identity of the responding party. (c) Each demand in a set shall be separately set forth, identified by number or letter, and shall do all of the following: (1) Designate the documents, tangible things, land or other property, or electronically stored information to be inspected, copied, tested, or sampled either by specifically describing each individual item or by reasonably particularizing each category of item. (2) Specify a reasonable time for the inspection, copying, testing, or sampling that is at least 30 days after service of the demand, unless the court for good cause shown has granted leave to specify an earlier date. In an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, the demand shall specify a reasonable time for the inspection, copying, testing, or sampling that is at least five days after service of the demand, unless the court, for good cause shown, has granted leave to specify an earlier date. (3) Specify a reasonable place for making the inspection, copying, testing, or sampling, and performing any related activity. (4) Specify any inspection, copying, testing, sampling, or related activity that is being demanded, as well as the manner in which that activity will be performed, and whether that activity will permanently alter or destroy the item involved. (Amended by Stats. 2009, Ch. 5, Sec. 6. Effective June 29, 2009.)
  117. 2031.040.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 1. Inspection Demand [2031.010 - 2031.060] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party making a demand for inspection, copying, testing, or sampling must serve a copy of the demand on the targeted party and on other appearing parties.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 1. Inspection Demand [2031.010 - 2031.060] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 parties who have appeared in the action. (Amended by Stats. 2009, Ch. 5, Sec. 7. Effective June 29, 2009.)
  118. 2031.050.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 1. Inspection Demand [2031.010 - 2031.060] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may serve supplemental inspection demands for later-discovered materials, with limits on how often they may be used and possible court permission for more.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 1. Inspection Demand [2031.010 - 2031.060] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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, copy, test, or sample any later acquired or discovered documents, tangible things, land or other property, or electronically stored information in the possession, custody, or control of the party on whom the demand is made. (b) A party may propound a supplemental demand for inspection, copying, testing, or sampling twice before the initial setting of a trial date, and, subject to the time limits on discovery proceedings and motions provided in Chapter 8 (commencing with Section 2024.010), once after the initial setting of a trial date. (c) Notwithstanding subdivisions (a) and (b), on motion, for good cause shown, the court may grant leave to a party to propound an additional number of supplemental demands for inspection, copying, testing, or sampling. (Amended by Stats. 2009, Ch. 5, Sec. 8. Effective June 29, 2009.)
  119. 2031.060.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 1. Inspection Demand [2031.010 - 2031.060] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party facing discovery demands, or another affected party, may promptly ask the court for a protective order, but the motion must include a meet-and-confer declaration.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 1. Inspection Demand [2031.010 - 2031.060] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2031.060. (a) When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, and any other party or affected person, may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That all or some of the items or categories of items in the demand need not be produced or made available at all. (2) That the time specified in Section 2031.260 to respond to the set of demands, or to a particular item or category in the set, be extended. (3) That the place of production be other than that specified in the demand. (4) That the inspection, copying, testing, or sampling be made only on specified terms and conditions. (5) That a trade secret or other confidential research, development, or commercial information not be disclosed, or be disclosed only to specified persons or only in a specified way. (6) That the items produced be sealed and thereafter opened only on order of the court. (c) The party or affected person who seeks a protective order regarding the production, inspection, copying, testing, or sampling of electronically stored information on the basis that the information is from a source that is not reasonably accessible because of undue burden or expense shall bear the burden of demonstrating that the information is from a source that is not reasonably accessible because of undue burden or expense. (d) If the party or affected person from whom discovery of electronically stored information is sought establishes that the information is from a source that is not reasonably accessible because of undue burden or expense, the court may nonetheless order discovery if the demanding party shows good cause, subject to any limitations imposed under subdivision (f). (e) If the court finds good cause for the production of electronically stored information from a source that is not reasonably accessible, the court may set conditions for the discovery of the electronically stored information, including allocation of the expense of discovery. (f) The court shall limit the frequency or extent of discovery of electronically stored information, even from a source that is reasonably accessible, if the court determines that any of the following conditions exist: (1) It is possible to obtain the information from some other source that is more convenient, less burdensome, or less expensive. (2) The discovery sought is unreasonably cumulative or duplicative. (3) The party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought. (4) The likely burden or expense of the proposed discovery outweighs the likely benefit, taking into account the amount in controversy, the resources of the parties, the importance of the issues in the litigation, and the importance of the requested discovery in resolving the issues. (g) If the motion for a protective order is denied in whole or in part, the court may order that the party to whom the demand was directed provide or permit the discovery against which protection was sought on terms and conditions that are just. (h) Except as provided in subdivision (i), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (i) (1) Notwithstanding subdivision (h), absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. (Amended by Stats. 2021, Ch. 124, Sec. 15. (AB 938) Effective January 1, 2022.)
  120. 2031.210.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A responding party must answer each inspection-demand item separately and include required identifying information, numbering, and sequence; if objecting to certain electronically stored information as not reasonably accessible, it must identify the affected source categories.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 of the following: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities. (2) A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item. (3) An objection to the particular demand for inspection, copying, testing, or sampling. (b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the demanding party. (c) Each statement of compliance, each representation, and each objection in the response shall bear the same number and be in the same sequence as the corresponding item or category in the demand, but the text of that item or category need not be repeated. (d) If a party objects to the discovery of electronically stored information on the grounds that it is from a source that is not reasonably accessible because of undue burden or expense and that the responding party will not search the source in the absence of an agreement with the demanding party or court order, the responding party shall identify in its response the types or categories of sources of electronically stored information that it asserts are not reasonably accessible. By objecting and identifying information of a type or category of source or sources that are not reasonably accessible, the responding party preserves any objections it may have relating to that electronically stored information. (Amended by Stats. 2009, Ch. 5, Sec. 10. Effective June 29, 2009.)
  121. 2031.220.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A responding party must state whether it will comply with an inspection demand and include the non-objected items in its control.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 that the production, inspection, copying, testing, or sampling, and related activity demanded, will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included in the production. (Amended by Stats. 2009, Ch. 5, Sec. 11. Effective June 29, 2009.)
  122. 2031.230.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a responding party says it cannot comply with an inspection, copying, testing, or sampling demand, the statement must say a diligent search and reasonable inquiry were made, explain why the item cannot be produced, and list any known or believed holder of the item.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item. (Amended by Stats. 2009, Ch. 5, Sec. 12. Effective June 29, 2009.)
  123. 2031.240.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A responding party must answer an inspection demand objection by stating compliance or inability to comply, identifying the disputed materials, and explaining the objection.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 statement of compliance, or a representation of inability to comply with respect to the remainder of that item or category. (b) If the responding party objects to the demand for inspection, copying, testing, or sampling of an item or category of item, the response shall do both of the following: (1) Identify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being made. (2) Set forth clearly the extent of, and the specific ground for, the objection. If an objection is based on a claim of privilege, the particular privilege invoked shall be stated. If an objection is based on a claim that the information sought is protected work product under Chapter 4 (commencing with Section 2018.010), that claim shall be expressly asserted. (c) (1) If an objection is based on a claim of privilege or a claim that the information sought is protected work product, the response shall provide sufficient factual information for other parties to evaluate the merits of that claim, including, if necessary, a privilege log. (2) It is the intent of the Legislature to codify the concept of a privilege log as that term is used in California case law. Nothing in this subdivision shall be construed to constitute a substantive change in case law. (Amended by Stats. 2012, Ch. 232, Sec. 1. (AB 1354) Effective January 1, 2013.)
  124. 2031.250.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A responding party generally must sign discovery responses under oath, unless the responses contain only objections.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 objections. (b) If that party is a public or private corporation or a partnership or association or governmental agency, one of its officers or agents shall sign the response under oath on behalf of that party. If the officer or agent signing the response on behalf of that party is an attorney acting in that capacity for a party, that party waives any lawyer-client privilege and any protection for work product under Chapter 4 (commencing with Section 2018.010) during any subsequent discovery from that attorney concerning the identity of the sources of the information contained in the response. (c) The attorney for the responding party shall sign any responses that contain an objection. (Amended by Stats. 2009, Ch. 5, Sec. 14. Effective June 29, 2009.)
  125. 2031.260.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party receiving a discovery demand must serve the original response on the requesting party and a copy on other appearing parties within 30 days, or within at least 5 days in unlawful detainer and certain related proceedings, unless the court shortens or extends the time.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 of the response to it on the party making the demand, and a copy of the response on all other parties who have appeared in the action, unless on motion of the party making the demand, the court has shortened the time for response, or unless on motion of the party to whom the demand has been directed, the court has extended the time for response. (b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, the party to whom a demand for inspection, copying, testing, or sampling is directed shall have at least five days from the date of service of the demand to respond, unless on motion of the party making the demand, the court has shortened the time for the response, or unless on motion of the party to whom the demand has been directed, the court has extended the time for response. (Amended by Stats. 2009, Ch. 5, Sec. 15. Effective June 29, 2009.)
  126. 2031.270.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The demanding party and the responding party may agree to extend discovery dates or response times, but the agreement must be confirmed in writing.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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, or sampling or the time for service of a response to a set of demands, or to particular items or categories of items in a set, to a date or dates beyond those provided in Sections 2031.030, 2031.210, 2031.260, and 2031.280. (b) This agreement may be informal, but it shall be confirmed in a writing that specifies the extended date for inspection, copying, testing, or sampling, or for the service of a response. (c) Unless this agreement expressly states otherwise, it is effective to preserve to the responding party the right to respond to any item or category of item in the demand to which the agreement applies in any manner specified in Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. (Amended by Stats. 2009, Ch. 5, Sec. 16. Effective June 29, 2009.)
  127. 2031.280.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A responding party must label produced documents with the request number, produce them on the required date, and state the production form for electronically stored information when needed.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 request number to which the documents respond. (b) The documents shall be produced on the date specified in the demand pursuant to paragraph (2) of subdivision (c) of Section 2031.030, unless an objection has been made to that date. If the date for inspection has been extended pursuant to Section 2031.270, the documents shall be produced on the date agreed to pursuant to that section. (c) If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified in the demand, the responding party shall state in its response the form in which it intends to produce each type of information. (d) Unless the parties otherwise agree or the court otherwise orders, the following shall apply: (1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable. (2) A party need not produce the same electronically stored information in more than one form. (e) If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form. (Amended by Stats. 2019, Ch. 208, Sec. 1. (SB 370) Effective January 1, 2020.)
  128. 2031.285.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If produced electronically stored information is claimed as privileged or attorney work product, the receiving party must sequester it and may have to return it or submit it under seal; use or disclosure is barred while the claim is unresolved.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 the claim may notify any party that received the information of the claim and the basis for the claim. (b) After being notified of a claim of privilege or of protection under subdivision (a), a party that received the information shall immediately sequester the information and either return the specified information and any copies that may exist or present the information to the court conditionally under seal for a determination of the claim. (c) (1) Prior to the resolution of the motion brought under subdivision (d), a party shall be precluded from using or disclosing the specified information until the claim of privilege is resolved. (2) A party who received and disclosed the information before being notified of a claim of privilege or of protection under subdivision (a) shall, after that notification, immediately take reasonable steps to retrieve the information. (d) (1) If the receiving party contests the legitimacy of a claim of privilege or protection, he or she may seek a determination of the claim from the court by making a motion within 30 days of receiving the claim and presenting the information to the court conditionally under seal. (2) Until the legitimacy of the claim of privilege or protection is resolved, the receiving party shall preserve the information and keep it confidential and shall be precluded from using the information in any manner. (Added by Stats. 2009, Ch. 5, Sec. 18. Effective June 29, 2009.)
  129. 2031.290.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Inspection demands and responses must not be filed with the court. The demanding party must keep the original demand, proof of service, and sworn response until six months after final disposition, unless the court orders longer preservation.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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, copying, testing, or sampling shall retain both the original of the demand, with the original proof of service affixed to it, and the original of the sworn response until six months after final disposition of the action. At that time, both originals may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period. (Amended by Stats. 2009, Ch. 5, Sec. 19. Effective June 29, 2009.)
  130. 2031.300.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a party fails to timely respond to a discovery demand, it waives objections and may face sanctions or a motion to compel.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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: (a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. (2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (b) The party making the demand may move for an order compelling response to the demand. (c) Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. If a party then fails to obey the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (d) (1) Notwithstanding subdivision (c), absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as a result of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. (Amended by Stats. 2009, Ch. 5, Sec. 20. Effective June 29, 2009.)
  131. 2031.310.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A demanding party may ask the court to order a further response to an inspection demand, but must act within 45 days and support the motion with specific facts and a meet-and-confer declaration.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general. (b) A motion under subdivision (a) shall comply with each of the following: (1) The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. (2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (3) In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute. (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding party have agreed in writing, the demanding party waives any right to compel a further response to the demand. (d) In a motion under subdivision (a) relating to the production of electronically stored information, the party or affected person objecting to or opposing the production, inspection, copying, testing, or sampling of electronically stored information on the basis that the information is from a source that is not reasonably accessible because of the undue burden or expense shall bear the burden of demonstrating that the information is from a source that is not reasonably accessible because of undue burden or expense. (e) If the party or affected person from whom discovery of electronically stored information is sought establishes that the information is from a source that is not reasonably accessible because of the undue burden or expense, the court may nonetheless order discovery if the demanding party shows good cause, subject to any limitations imposed under subdivision (g). (f) If the court finds good cause for the production of electronically stored information from a source that is not reasonably accessible, the court may set conditions for the discovery of the electronically stored information, including allocation of the expense of discovery. (g) The court shall limit the frequency or extent of discovery of electronically stored information, even from a source that is reasonably accessible, if the court determines that any of the following conditions exists: (1) It is possible to obtain the information from some other source that is more convenient, less burdensome, or less expensive. (2) The discovery sought is unreasonably cumulative or duplicative. (3) The party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought. (4) The likely burden or expense of the proposed discovery outweighs the likely benefit, taking into account the amount in controversy, the resources of the parties, the importance of the issues in the litigation, and the importance of the requested discovery in resolving the issues. (h) Except as provided in subdivision (j), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response to a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (i) Except as provided in subdivision (j), if a party fails to obey an order compelling further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of, or in addition to, that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (j) (1) Notwithstanding subdivisions (h) and (i), absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. (Amended by Stats. 2018, Ch. 317, Sec. 4. (AB 2230) Effective January 1, 2019. Section operative January 1, 2020, pursuant to Sec. 6, Stats. 2018, Ch. 317.)
  132. 2031.320.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a party does not comply with a discovery inspection response, the demanding party may ask the court to compel compliance, and the court can impose sanctions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 2. Response to Inspection Demand [2031.210 - 2031.320] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party’s statement of compliance, the demanding party may move for an order compelling compliance. (b) Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (c) Except as provided in subdivision (d), if a party then fails to obey an order compelling inspection, copying, testing, or sampling, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (d) (1) Notwithstanding subdivisions (b) and (c), absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. (Amended by Stats. 2009, Ch. 5, Sec. 22. Effective June 29, 2009.)
  133. 2031.510.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 3. Inspection and Production of Documents and Other Property in Specific Contexts [2031.510- 2031.510.] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    In disputes over certain land boundaries or pre-1950 state patents or grants, all parties must disclose relevant nonprivileged written evidence to the opposing parties.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 - 2031.510] ( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. ) ## ARTICLE 3. Inspection and Production of Documents and Other Property in Specific Contexts [2031.510- 2031.510.] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 of any state patent or grant dated before 1950 is in dispute, all parties shall have the duty to disclose to all opposing parties all nonprivileged relevant written evidence then known and available, including evidence against interest, relating to the above issues. (b) This evidence shall be disclosed within 120 days after the filing with the court of proof of service upon all named defendants. Thereafter, the parties shall have the continuing duty to make all subsequently discovered relevant and nonprivileged written evidence available to the opposing parties. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  134. 2032.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2032.010 - 2032.020] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    This chapter does not change genetic testing rules in the Family Code and does not require disclosure of the identity of an expert consulted by an attorney for the listed professional negligence certification.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2032.010 - 2032.020] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 does not require the disclosure of the identity of an expert consulted by an attorney in order to make the certification required in an action for professional negligence under Section 411.35. (Amended by Stats. 2018, Ch. 876, Sec. 2. (AB 2684) Effective January 1, 2019.)
  135. 2032.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2032.010 - 2032.020] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Any party may seek a physical or mental examination in discovery, subject to Chapter 5 limits and only when the person’s mental or physical condition is in controversy.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2032.010 - 2032.020] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the legal control of a party, in any action in which the mental or physical condition (including the blood group) of that party or other person is in controversy in the action. (b) A physical examination conducted under this chapter shall be performed only by a licensed physician or other appropriate licensed health care practitioner. (c) (1) A mental examination conducted under this chapter shall be performed only by a licensed physician, or by a licensed clinical psychologist who holds a doctoral degree in psychology and has had at least five years of postgraduate experience in the diagnosis of emotional and mental disorders. (2) If an action involves allegations of sexual abuse of a minor, including any act listed in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 1002, and the examinee is less than 15 years of age, the licensed physician or clinical psychologist shall have expertise in child abuse and trauma. (Amended by Stats. 2017, Ch. 133, Sec. 1. (SB 755) Effective January 1, 2018.)
  136. 2032.210.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Physical Examination of Personal Injury Plaintiff [2032.210 - 2032.260] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    In this article, “plaintiff” includes a cross-complainant, and “defendant” includes a cross-defendant.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Physical Examination of Personal Injury Plaintiff [2032.210 - 2032.260] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2032.210. As used in this article, “plaintiff” includes a cross-complainant, and “defendant” includes a cross-defendant. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  137. 2032.220.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Physical Examination of Personal Injury Plaintiff [2032.210 - 2032.260] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    In personal injury cases, a defendant may demand one physical examination of the plaintiff if the exam is nonpainful/nonintrusive and held within 75 miles of the examinee’s home.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Physical Examination of Personal Injury Plaintiff [2032.210 - 2032.260] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 miles of the residence of the examinee. (b) A defendant may make a demand under this article without leave of court after that defendant has been served or has appeared in the action, whichever occurs first. (c) A demand under subdivision (a) shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the physician who will perform the examination. (d) A physical examination demanded under subdivision (a) shall be scheduled for a date that is at least 30 days after service of the demand. On motion of the party demanding the examination, the court may shorten this time. (e) The defendant shall serve a copy of the demand under subdivision (a) on the plaintiff and on all other parties who have appeared in the action. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  138. 2032.230.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Physical Examination of Personal Injury Plaintiff [2032.210 - 2032.260] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A plaintiff served with a demand for a physical examination must respond in writing and must serve that response within 20 days after service of the demand.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Physical Examination of Personal Injury Plaintiff [2032.210 - 2032.260] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 examinee will comply with the demand as stated, will comply with the demand as specifically modified by the plaintiff, or will refuse, for reasons specified in the response, to submit to the demanded physical examination. (b) Within 20 days after service of the demand the plaintiff to whom the demand is directed shall serve the original of the response to it on the defendant making the demand, and a copy of the response on all other parties who have appeared in the action. On motion of the defendant making the demand, the court may shorten the time for response. On motion of the plaintiff to whom the demand is directed, the court may extend the time for response. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  139. 2032.240.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Physical Examination of Personal Injury Plaintiff [2032.210 - 2032.260] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a plaintiff does not timely respond to a demand for a physical examination, the plaintiff waives objections unless the court relieves the waiver. The defendant may seek an order compelling response, and the court may impose sanctions for noncompliance or unsuccessful motions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Physical Examination of Personal Injury Plaintiff [2032.210 - 2032.260] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 objection to the demand. The court, on motion, may relieve that plaintiff from this waiver on its determination that both of the following conditions are satisfied: (1) The plaintiff has subsequently served a response that is in substantial compliance with Section 2032.230. (2) The plaintiff’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (b) The defendant may move for an order compelling response and compliance with a demand for a physical examination. (c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel response and compliance with a demand for a physical examination, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (d) If a plaintiff then fails to obey the order compelling response and compliance, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  140. 2032.250.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Physical Examination of Personal Injury Plaintiff [2032.210 - 2032.260] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A defendant who seeks to compel compliance with a physical-examination demand must file a meet-and-confer declaration, and the court must impose a monetary sanction for an unsuccessful motion to compel or opposition to one unless substantial justification or other injustice is shown.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Physical Examination of Personal Injury Plaintiff [2032.210 - 2032.260] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 modification of the demand, or any refusal to submit to the physical examination is unwarranted, that defendant may move for an order compelling compliance with the demand. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand for a physical examination, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  141. 2032.260.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Physical Examination of Personal Injury Plaintiff [2032.210 - 2032.260] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A demand for a physical examination and the response may not be filed with the court; the defendant must keep the originals for six months after final disposition, unless the court orders longer preservation for good cause.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Physical Examination of Personal Injury Plaintiff [2032.210 - 2032.260] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 original of the demand, with the original proof of service affixed to it, and the original response until six months after final disposition of the action. At that time, the original may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  142. 2032.310.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Motion for Physical or Mental Examination [2032.310 - 2032.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party must get court permission to seek certain physical or mental examinations, and the motion must include specified details and notice.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Motion for Physical or Mental Examination [2032.310 - 2032.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 mental examination, the party shall obtain leave of court. (b) A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (c) Notice of the motion shall be served on the person to be examined and on all parties who have appeared in the action. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  143. 2032.320.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Motion for Physical or Mental Examination [2032.310 - 2032.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The court may grant a motion for physical or mental examination only for good cause, and special limits apply to mental examinations and travel over 75 miles.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Motion for Physical or Mental Examination [2032.310 - 2032.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 in subdivision (c), the court shall not order a mental examination of a person for whose personal injuries a recovery is being sought except on a showing of exceptional circumstances. (c) A stipulation by a party under this subdivision shall include both of the following: (1) A stipulation that no claim is being made for mental and emotional distress over and above that usually associated with the physical injuries claimed. (2) A stipulation that no expert testimony regarding this usual mental and emotional distress will be presented at trial in support of the claim for damages. (d) An order granting a physical or mental examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope, and nature of the examination. (e) If the place of the examination is more than 75 miles from the residence of the person to be examined, an order to submit to it shall be entered only if both of the following conditions are satisfied: (1) The court determines that there is good cause for the travel involved. (2) The order is conditioned on the advancement by the moving party of the reasonable expenses and costs to the examinee for travel to the place of examination. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  144. 2032.340.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Motion for Physical or Mental Examination [2032.310 - 2032.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

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    In actions involving allegations of sexual abuse of a minor, the mental examination of a child under 15 must not exceed three hours, including breaks.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Motion for Physical or Mental Examination [2032.310 - 2032.340] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 1002, the mental examination of a child less than 15 years of age shall not exceed three hours, inclusive of breaks. (b) Notwithstanding subdivision (a), the court may grant an extension of the three-hour limit for good cause. (Added by Stats. 2017, Ch. 133, Sec. 2. (SB 755) Effective January 1, 2018.)
  145. 2032.410.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Failure To Submit To or Produce Another for Physical or Mental Examination [2032.410 - 2032.420] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a party fails to attend a required physical or mental examination, the court may issue just orders and sanctions, including issue, evidence, terminating, or monetary sanctions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Failure To Submit To or Produce Another for Physical or Mental Examination [2032.410 - 2032.420] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 2032.310), or under Section 2016.030, but fails to do so, the court, on motion of the party entitled to the examination, may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may, on motion of the party, impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  146. 2032.420.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Failure To Submit To or Produce Another for Physical or Mental Examination [2032.410 - 2032.420] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a party fails to produce a person for a required physical or mental examination, the court may order sanctions, including monetary sanctions, unless the party shows it cannot produce the person.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Failure To Submit To or Produce Another for Physical or Mental Examination [2032.410 - 2032.420] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 Section 2032.310), or under Section 2032.030, but fails to do so, the court, on motion of the party entitled to the examination, may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010), unless the party failing to comply demonstrates an inability to produce that person for examination. In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  147. 2032.510.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Conduct of Examination [2032.510 - 2032.530] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

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    An attorney for the examinee (or the producing party’s attorney) may attend and observe a discovery physical examination and record what is said. The observer may monitor, but not participate in or disrupt, and the court must impose a monetary sanction for an unsuccessful protective-order motion unless justified.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Conduct of Examination [2032.510 - 2032.530] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 physical examination conducted for discovery purposes, and to record stenographically or by audio technology any words spoken to or by the examinee during any phase of the examination. (b) The observer under subdivision (a) may monitor the examination, but shall not participate in or disrupt it. (c) If an attorney’s representative is to serve as the observer, the representative shall be authorized to so act by a writing subscribed by the attorney which identifies the representative. (d) If in the judgment of the observer the examiner becomes abusive to the examinee or undertakes to engage in unauthorized diagnostic tests and procedures, the observer may suspend it to enable the party being examined or producing the examinee to make a motion for a protective order. (e) If the observer begins to participate in or disrupt the examination, the person conducting the physical examination may suspend the examination to enable the party at whose instance it is being conducted to move for a protective order. (f) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Amended by Stats. 2005, Ch. 294, Sec. 10. Effective January 1, 2006.)
  148. 2032.520.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Conduct of Examination [2032.510 - 2032.530] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If an examinee lets the examining physician inspect existing X-rays, the physician may not take more X-rays of that area unless the examinee consents or a court orders it for good cause.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Conduct of Examination [2032.510 - 2032.530] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 area may be taken by the examining physician except with consent of the examinee or on order of the court for good cause shown. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  149. 2032.530.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Conduct of Examination [2032.510 - 2032.530] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The examiner and the examinee may record a mental examination using audio technology.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Conduct of Examination [2032.510 - 2032.530] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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, amend, or affect existing case law with respect to the presence of the attorney for the examinee or other persons during the examination by agreement or court order. (Amended by Stats. 2005, Ch. 294, Sec. 11. Effective January 1, 2006.)
  150. 2032.610.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Reports of Examination [2032.610 - 2032.650] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party who undergoes or produces another for a physical or mental examination may demand written reports, and the party who requested the exam must provide the specified reports within the stated deadline.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Reports of Examination [2032.610 - 2032.650] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 2032.210), an order of court under Article 3 (commencing with Section 2032.310), or an agreement under Section 2016.030, that party has the option of making a written demand that the party at whose instance the examination was made deliver both of the following to the demanding party: (1) A copy of a detailed written report setting out the history, examinations, findings, including the results of all tests made, diagnoses, prognoses, and conclusions of the examiner. (2) A copy of reports of all earlier examinations of the same condition of the examinee made by that or any other examiner. (b) If the option under subdivision (a) is exercised, a copy of the requested reports shall be delivered within 30 days after service of the demand, or within 15 days of trial, whichever is earlier. (c) In the circumstances described in subdivision (a), the protection for work product under Chapter 4 (commencing with Section 2018.010) is waived, both for the examiner’s writings and reports and to the taking of the examiner’s testimony. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  151. 2032.620.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Reports of Examination [2032.610 - 2032.650] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If reports demanded under Section 2032.610 are not delivered on time, the demanding party may seek a court order compelling delivery, and the court can impose sanctions for noncompliance or unsuccessful motions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Reports of Examination [2032.610 - 2032.650] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 may move for an order compelling their delivery. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel delivery of medical reports under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (c) If a party then fails to obey an order compelling delivery of demanded medical reports, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to those sanctions, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). The court shall exclude at trial the testimony of any examiner whose report has not been provided by a party. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  152. 2032.630.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Reports of Examination [2032.610 - 2032.650] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a party obtains or demands a report of a physical or mental examination, or takes the examiner’s deposition, that party waives certain privileges and work-product protection about related reports, writings, and testimony.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Reports of Examination [2032.610 - 2032.650] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 than under Article 3 (commencing with Section 2034.410) of Chapter 18, the party who submitted to, or produced another for, a physical or mental examination waives in the pending action, and in any other action involving the same controversy, any privilege, as well as any protection for work product under Chapter 4 (commencing with Section 2018.010), that the party or other examinee may have regarding reports and writings as well as the testimony of every other physician, psychologist, or licensed health care practitioner who has examined or may thereafter examine the party or other examinee in respect of the same physical or mental condition. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  153. 2032.640.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Reports of Examination [2032.610 - 2032.650] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party who must comply with a report demand under Section 2032.610 can receive copies of certain examination reports about the same condition.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Reports of Examination [2032.610 - 2032.650] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 report of any examination of the same condition by any other physician, psychologist, or licensed health care practitioner. In addition, that party is entitled to receive promptly any later report of any previous or subsequent examination of the same condition, by any physician, psychologist, or licensed health care practitioner. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  154. 2032.650.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Reports of Examination [2032.610 - 2032.650] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may move to compel delivery of medical reports, but the motion must include a meet-and-confer declaration. The court must impose monetary sanctions for unsuccessful motions or oppositions unless justified, and may add other sanctions if an order is disobeyed.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 15. Physical or Mental Examination [2032.010 - 2032.650] ( Chapter 15 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 6. Reports of Examination [2032.610 - 2032.650] ( Article 6 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 subsequent examinations under Section 2032.640, a party who has complied with Section 2032.610 may move for an order compelling delivery of medical reports. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel delivery of medical reports under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (c) If a party then fails to obey an order compelling delivery of medical reports, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to the sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). The court shall exclude at trial the testimony of any health care practitioner whose report has not been provided by a party ordered to do so by the court. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  155. 2033.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may use a written request to get another party to admit specified documents or facts, within the discovery rules and limits in this chapter.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 5 (commencing with Section 2019.010), by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties. (Amended by Stats. 2016, Ch. 86, Sec. 43. (SB 1171) Effective January 1, 2017.)
  156. 2033.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Defendants may make requests for admission at any time without court permission. Plaintiffs may do so after 10 days, with a special rule for unlawful detainer and similar proceedings, and the court may allow an earlier request for good cause.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first. (c) Notwithstanding subdivision (b), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, a plaintiff may make requests for admission by a party without leave of court at any time that is 10 days after service of the summons on, or appearance by, that party, whichever occurs first. (d) Notwithstanding subdivisions (b) and (c), on motion with or without notice, the court, for good cause shown, may grant leave to a plaintiff to make requests for admission at an earlier time. (Amended by Stats. 2025, Ch. 200, Sec. 16. (AB 1521) Effective January 1, 2026.)
  157. 2033.030.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may not, as of right, ask another party to admit more than 35 non-document-genuineness matters.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 initial set of admission requests does not exhaust this limit, the balance may be requested in subsequent sets. (b) Unless a declaration as described in Section 2033.050 has been made, a party need only respond to the first 35 admission requests served that do not relate to the genuineness of documents, if that party states an objection to the balance under Section 2033.230 on the ground that the limit has been exceeded. (c) The number of requests for admission of the genuineness of documents is not limited except as justice requires to protect the responding party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  158. 2033.040.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may ask for more requests for admission if it files the supporting declaration and the larger number is justified by the case’s complexity or issue count, but the responding party can seek a protective order.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 described in Section 2033.050 may request a greater number of admissions by another party if the greater number is warranted by the complexity or the quantity of the existing and potential issues in the particular case. (b) If the responding party seeks a protective order on the ground that the number of requests for admission is unwarranted, the propounding party shall have the burden of justifying the number of requests for admission. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  159. 2033.050.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party who requests, or has already requested, more than 35 non-document-genuineness admissions must attach a declaration to each set of requests for admission.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 to each set of requests for admissions a declaration containing substantially the following words: ## DECLARATION FOR ADDITIONAL DISCOVERY I, __________, declare: 1. I am (a party to this action or proceeding appearing in propria persona) (presently the attorney for __________, a party to this action or proceeding). 2. I am propounding to __________ the attached set of requests for admission. 3. This set of requests for admission will cause the total number of requests propounded to the party to whom they are directed to exceed the number of requests permitted by Section 2033.030 of the Code of Civil Procedure. 4. I have previously propounded a total of __________ requests for admission to this party. 5. This set of requests for admission contains a total of __________ requests. 6. I am familiar with the issues and the previous discovery conducted by all of the parties in this case. 7. I have personally examined each of the requests in this set of requests for admission. 8. This number of requests for admission is warranted under Section 2033.040 of the Code of Civil Procedure because __________. (Here state the reasons why the complexity or the quantity of issues in the instant lawsuit warrant this number of requests for admission.) 9. None of the requests in this set of requests is being propounded for any improper purpose, such as to harass the party, or the attorney for the party, to whom it is directed, or to cause unnecessary delay or needless increase in the cost of litigation. I declare under penalty of perjury under the laws of California that the foregoing is true and correct, and that this declaration was executed on __________. _____ (Signature) _____ Attorney for (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  160. 2033.060.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party requesting admissions must format each request in a specific way and must not include extra or mixed discovery material unless an approval exception applies.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 shall appear the identity of the party requesting the admissions, the set number, and the identity of the responding party. (c) Each request for admission in a set shall be separately set forth and identified by letter or number. (d) Each request for admission shall be full and complete in and of itself. No preface or instruction shall be included with a set of admission requests unless it has been approved under Chapter 17 (commencing with Section 2033.710). (e) Any term specially defined in a request for admission shall be typed with all letters capitalized whenever the term appears. (f) No request for admission shall contain subparts, or a compound, conjunctive, or disjunctive request unless it has been approved under Chapter 17 (commencing with Section 2033.710). (g) A party requesting an admission of the genuineness of any documents shall attach copies of those documents to the requests, and shall make the original of those documents available for inspection on demand by the party to whom the requests for admission are directed. (h) No party shall combine in a single document requests for admission with any other method of discovery. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  161. 2033.070.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The party requesting admissions must serve a copy on the party to whom the admissions are directed and on all other parties who have appeared in the action.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  162. 2033.080.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A responding party may seek a protective order when requests for admission are served, but the motion must include a meet-and-confer declaration.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. Requests For Admission [2033.010 - 2033.080] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 confer declaration under Section 2016.040. (b) The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the set of admission requests, or particular requests in the set, need not be answered at all. (2) That, contrary to the representations made in a declaration submitted under Section 2033.050, the number of admission requests is unwarranted. (3) That the time specified in Section 2033.250 to respond to the set of admission requests, or to particular requests in the set, be extended. (4) That a trade secret or other confidential research, development, or commercial information not be admitted or be admitted only in a certain way. (5) That some or all of the answers to requests for admission be sealed and thereafter opened only on order of the court. (c) If the motion for a protective order is denied in whole or in part, the court may order that the responding party provide or permit the discovery against which protection was sought on terms and conditions that are just. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  163. 2033.210.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party answering requests for admission must respond in writing under oath, answer the substance or object to each request, and keep the response organized to match the request numbers.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 the substance of the requested admission, or set forth an objection to the particular request. (c) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the requesting party. (d) Each answer or objection in the response shall bear the same identifying number or letter and be in the same sequence as the corresponding request. The text of that request need not be repeated, except as provided in paragraph (6) of subdivision (e). (e) In order to facilitate the discovery process: (1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the requests for admission in an electronic format to the responding party within three court days of the request. (2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the requests for admission, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request. (3) A party may provide the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. If the parties are unable to agree on a format, the requests for admission or responses to the requests for admission shall be provided in plain text format. (4) A party may transmit the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the requests for admission or responses to the requests for admission shall be transmitted by electronic mail to an email address provided by the requesting party. (5) If the requests for admission or responses to the requests for admission were not created in an electronic format, a party is not required to create the requests for admission or responses in an electronic format for the purpose of transmission to the requesting party. (6) A responding party who has requested and received requests for admission in an electronic format pursuant to paragraph (1) shall include the text of the request immediately preceding the response. (Amended by Stats. 2019, Ch. 190, Sec. 2. (AB 1349) Effective January 1, 2020.)
  164. 2033.220.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A responding party must make each answer to requests for admission complete and straightforward, and must admit true matters, deny untrue matters, or state when it lacks enough information.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 party permits. (b) Each answer shall: (1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. (2) Deny so much of the matter involved in the request as is untrue. (3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. (c) If a responding party gives lack of information or knowledge as a reason for a failure to admit all or part of a request for admission, that party shall state in the answer that a reasonable inquiry concerning the matter in the particular request has been made, and that the information known or readily obtainable is insufficient to enable that party to admit the matter. (Amended by Stats. 2005, Ch. 22, Sec. 24. Effective January 1, 2006.)
  165. 2033.230.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If an objection is made to part of a request for admission, the rest must be answered; any objection must state its specific ground clearly, and privilege or work-product objections must identify the privilege or expressly assert work-product protection.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 a part of a request, the specific ground for the objection shall be set forth clearly in the response. If an objection is based on a claim of privilege, the particular privilege invoked shall be clearly stated. If an objection is based on a claim that the matter as to which an admission is requested is protected work product under Chapter 4 (commencing with Section 2018.010), that claim shall be expressly asserted. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  166. 2033.240.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The responding party must sign the response under oath, unless the response contains only objections.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 party is a public or private corporation, or a partnership or association or governmental agency, one of its officers or agents shall sign the response under oath on behalf of that party. If the officer or agent signing the response on behalf of that party is an attorney acting in that capacity for the party, that party waives any lawyer-client privilege and any protection for work product under Chapter 4 (commencing with Section 2018.010) during any subsequent discovery from that attorney concerning the identity of the sources of the information contained in the response. (c) The attorney for the responding party shall sign any response that contains an objection. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  167. 2033.250.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party served with requests for admission must respond within 30 days, and in unlawful detainer or similar proceedings must have at least 5 days to respond, unless the court shortens or extends the time.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 requesting party, and a copy of the response on all other parties who have appeared, unless on motion of the requesting party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response. (b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, the party to whom the request is directed shall have at least five days from the date of service to respond, unless on motion of the requesting party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response. (Amended by Stats. 2007, Ch. 113, Sec. 13. Effective January 1, 2008.)
  168. 2033.260.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The requesting party and the responding party may agree to extend the time for a response to admission requests, and the responding party must give notice of that agreement to the other parties served with the request.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 particular requests in a set, to a date beyond that provided in Section 2033.250. (b) This agreement may be informal, but it shall be confirmed in a writing that specifies the extended date for service of a response. (c) Unless this agreement expressly states otherwise, it is effective to preserve to the responding party the right to respond to any request for admission to which the agreement applies in any manner specified in Sections 2033.210, 2033.220, and 2033.230. (d) Notice of this agreement shall be given by the responding party to all other parties who were served with a copy of the request. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  169. 2033.270.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The party requesting admissions must keep the original requests, proof of service, and sworn response until six months after final disposition, and may destroy them then unless the court orders longer preservation.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 of the requests for admission, with the original proof of service affixed to them, and the original of the sworn response until six months after final disposition of the action. At that time, both originals may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  170. 2033.280.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a party does not timely respond to requests for admission, the court may deem the matters admitted, the party waives objections, and a monetary sanction is mandatory unless a qualifying proposed response was served before the hearing.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. (2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010). (c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion. (Amended by Stats. 2005, Ch. 294, Sec. 12. Effective January 1, 2006.)
  171. 2033.290.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party seeking admissions may ask the court to order a further response if an answer is evasive or incomplete, or an objection lacks merit or is too general.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 deems that either or both of the following apply: (1) An answer to a particular request is evasive or incomplete. (2) An objection to a particular request is without merit or too general. (b) (1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. (2) In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute. (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the requests for admission. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (e) If a party then fails to obey an order compelling further response to requests for admission, the court may order that the matters involved in the requests be deemed admitted. In lieu of, or in addition to, this order, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (Amended by Stats. 2018, Ch. 317, Sec. 5. (AB 2230) Effective January 1, 2019. Section operative January 1, 2020, pursuant to Sec. 6, Stats. 2018, Ch. 317.)
  172. 2033.300.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may withdraw or amend an admission only if the court gives leave after notice to all parties.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Response to Requests For Admission [2033.210 - 2033.300] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party’s action or defense on the merits. (c) The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following: (1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission. (2) An order that the costs of any additional discovery be borne in whole or in part by the party withdrawing or amending the admission. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  173. 2033.410.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Effect of Admission [2033.410 - 2033.420] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    An admission in response to a request for admission is binding in the pending case, unless the court allows it to be withdrawn or amended.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Effect of Admission [2033.410 - 2033.420] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 the court has permitted withdrawal or amendment of that admission under Section 2033.300. (b) Notwithstanding subdivision (a), any admission made by a party under this section is binding only on that party and is made for the purpose of the pending action only. It is not an admission by that party for any other purpose, and it shall not be used in any manner against that party in any other proceeding. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  174. 2033.420.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Effect of Admission [2033.410 - 2033.420] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a party improperly refuses to admit a request and the requester later proves the matter, the requester may ask the court to order payment of reasonable expenses and attorney’s fees.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 16. Requests for Admission [2033.010 - 2033.420] ( Chapter 16 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Effect of Admission [2033.410 - 2033.420] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney’s fees. (b) The court shall make this order unless it finds any of the following: (1) An objection to the request was sustained or a response to it was waived under Section 2033.290. (2) The admission sought was of no substantial importance. (3) The party failing to make the admission had reasonable ground to believe that that party would prevail on the matter. (4) There was other good reason for the failure to admit. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  175. 2033.710.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 17. Form Interrogatories and Requests for Admission [2033.710 - 2033.740] ( Chapter 17 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The Judicial Council must develop and approve official form interrogatories and requests for admission for certain civil actions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 17. Form Interrogatories and Requests for Admission [2033.710 - 2033.740] ( Chapter 17 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 truth of any relevant matters of fact for use in any civil action in a state court based on personal injury, property damage, wrongful death, unlawful detainer, breach of contract, family law, or fraud and for any other civil actions the Judicial Council deems appropriate. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  176. 2033.720.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 17. Form Interrogatories and Requests for Admission [2033.710 - 2033.740] ( Chapter 17 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The Judicial Council must develop and approve official form interrogatories for certain restitution cases, and a victim may use them once each calendar year. The defendant must answer with current information about assets, income, and liabilities.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 17. Form Interrogatories and Requests for Admission [2033.710 - 2033.740] ( Chapter 17 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 order made pursuant to Section 1202.4 of the Penal Code. (b) Notwithstanding whether a victim initiates or maintains an action to satisfy the unpaid restitution order, a victim may propound the form interrogatories approved pursuant to this section once each calendar year. The defendant subject to the restitution order shall, in responding to the interrogatories propounded, provide current information regarding the nature, extent, and location of any assets, income, and liabilities in which the defendant claims a present or future interest. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  177. 2033.730.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 17. Form Interrogatories and Requests for Admission [2033.710 - 2033.740] ( Chapter 17 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The Judicial Council must consult a representative advisory committee when developing certain discovery form interrogatories and requests for admission, and the forms must be drafted in nontechnical language.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 17. Form Interrogatories and Requests for Admission [2033.710 - 2033.740] ( Chapter 17 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 representative advisory committee which shall include, but not be limited to, representatives of all of the following: (1) The plaintiff’s bar. (2) The defense bar. (3) The public interest bar. (4) Court administrators. (5) The public. (b) The form interrogatories and requests for admission shall be drafted in nontechnical language. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  178. 2033.740.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 17. Form Interrogatories and Requests for Admission [2033.710 - 2033.740] ( Chapter 17 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Use of these form interrogatories and requests for admission is optional; the clerk’s office must make them available, and the Judicial Council must adopt any needed rules for their use.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 17. Form Interrogatories and Requests for Admission [2033.710 - 2033.740] ( Chapter 17 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 for admission shall be made available through the office of the clerk of the appropriate trial court. (c) The Judicial Council shall promulgate any necessary rules to govern the use of the form interrogatories and requests for admission. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  179. 2034.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2034.010- 2034.010.] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    This chapter does not apply to exchanges of expert lists and valuation data in eminent domain proceedings.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2034.010- 2034.010.] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 1258.010) of Title 7 of Part 3. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  180. 2034.210.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    After the initial trial date is set, a party may demand a simultaneous exchange of expert witness information, and in some cases the related declaration and reports.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 concerning each other’s expert trial witnesses to the following extent: (a) Any party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial. (b) If any expert designated by a party under subdivision (a) is a party or an employee of a party, or has been retained by a party for the purpose of forming and expressing an opinion in anticipation of the litigation or in preparation for the trial of the action, the designation of that witness shall include or be accompanied by an expert witness declaration under Section 2034.260. (c) Any party may also include a demand for the mutual and simultaneous production for inspection and copying of all discoverable reports and writings, if any, made by any expert described in subdivision (b) in the course of preparing that expert’s opinion. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  181. 2034.220.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Any party may demand an exchange of information about expert trial witnesses without leave of court, and the demand must be made by the stated trial-date deadline.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  182. 2034.230.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party making an expert-witness exchange demand must put it in writing, identify the party, state it is under this chapter, and specify the exchange date.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 making the demand. The demand shall state that it is being made under this chapter. (b) The demand shall specify the date for the exchange of lists of expert trial witnesses, expert witness declarations, and any demanded production of writings. The specified date of exchange shall be 50 days before the initial trial date, or 20 days after service of the demand, whichever is closer to the trial date, unless the court, on motion and a showing of good cause, orders an earlier or later date of exchange. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  183. 2034.240.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party demanding exchange of expert witness information must serve the demand on every party who has appeared in the case.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  184. 2034.250.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A party served with an expert-witness exchange demand may promptly seek a protective order, but must include a meet-and-confer declaration. The court may issue protective orders for good cause and may order discovery to proceed on just terms. Unsuccessful motions or oppositions can lead to monetary sanctions unless justified or unjust.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. The protective order may include, but is not limited to, one or more of the following directions: (1) That the demand be quashed because it was not timely served. (2) That the date of exchange be earlier or later than that specified in the demand. (3) That the exchange be made only on specified terms and conditions. (4) That the production and exchange of any reports and writings of experts be made at a different place or at a different time than specified in the demand. (5) That some or all of the parties be divided into sides on the basis of their identity of interest in the issues in the action, and that the designation of any experts as described in subdivision (b) of Section 2034.210 be made by any side so created. (6) That a party or a side reduce the list of employed or retained experts designated by that party or side under subdivision (b) of Section 2034.210. (c) If the motion for a protective order is denied in whole or in part, the court may order that the parties against whom the motion is brought, provide or permit the discovery against which the protection was sought on those terms and conditions that are just. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  185. 2034.260.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Parties who have appeared in the action must exchange expert-witness information in writing by the demand’s exchange date, and the exchange may be made at a lawyers’ meeting or by service methods allowed in Sections 1011 or 1013.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 in the demand. The exchange of information may occur at a meeting of the attorneys for the parties involved or by serving the information on the other party by any method specified in Section 1011 or 1013, on or before the date of exchange. (b) The exchange of expert witness information shall include either of the following: (1) A list setting forth the name and address of a person whose expert opinion that party expects to offer in evidence at the trial. (2) A statement that the party does not presently intend to offer the testimony of an expert witness. (c) If a witness on the list is an expert as described in subdivision (b) of Section 2034.210, the exchange shall also include or be accompanied by an expert witness declaration signed only by the attorney for the party designating the expert, or by that party if that party has no attorney. This declaration shall be under penalty of perjury and shall contain all of the following: (1) A brief narrative statement of the qualifications of each expert. (2) A brief narrative statement of the general substance of the testimony that the expert is expected to give. (3) A representation that the expert has agreed to testify at the trial. (4) A representation that the expert will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning the specific testimony, including an opinion and its basis, that the expert is expected to give at trial. (5) A statement of the expert’s hourly and daily fee for providing deposition testimony and for consulting with the retaining attorney. (Amended by Stats. 2018, Ch. 92, Sec. 45. (SB 1289) Effective January 1, 2019.)
  186. 2034.270.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a demand for expert witness information also asks for reports and writings, all parties must produce and exchange any discoverable reports and writings made by designated experts.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 subdivision (c) of Section 2034.210, all parties shall produce and exchange, at the place and on the date specified in the demand, all discoverable reports and writings, if any, made by any designated expert described in subdivision (b) of Section 2034.210. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  187. 2034.280.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may file a supplemental expert witness list within 20 days after the Section 2034.260 exchange, but only if it has not already retained an expert on that subject.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if the party supplementing an expert witness list has not previously retained an expert to testify on that subject. (b) This supplemental list shall be accompanied by an expert witness declaration under subdivision (c) of Section 2034.260 concerning those additional experts, and by all discoverable reports and writings, if any, made by those additional experts. (c) The party shall also make those experts available immediately for a deposition under Article 3 (commencing with Section 2034.410), which deposition may be taken even though the time limit for discovery under Chapter 8 (commencing with Section 2024.010) has expired. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  188. 2034.290.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The party demanding the exchange must keep the original demand, proof of service, and exchanged expert witness lists and declarations for six months after final disposition, unless the court orders longer preservation.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 the court. (b) The party demanding the exchange shall retain both the original of the demand, with the original proof of service affixed, and the original of all expert witness lists and declarations exchanged in response to the demand until six months after final disposition of the action. At that time, all originals may be destroyed unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period. (c) Notwithstanding subdivisions (a) and (b), a demand for exchange of information concerning expert trial witnesses, and all expert witness lists and declarations exchanged in response to it, shall be lodged with the court when their contents become relevant to an issue in any pending matter in the action. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  189. 2034.300.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The trial court must exclude an expert opinion from evidence if a party objects and the opposing party unreasonably failed to meet the expert disclosure steps, unless specified exceptions apply.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 who has made a complete and timely compliance with Section 2034.260, the trial court shall exclude from evidence the expert opinion of any witness that is offered by any party who has unreasonably failed to do any of the following: (a) List that witness as an expert under Section 2034.260. (b) Submit an expert witness declaration. (c) Produce reports and writings of expert witnesses under Section 2034.270. (d) Make that expert available for a deposition under Article 3 (commencing with Section 2034.410). (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  190. 2034.310.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may call an expert witness at trial if the expert was designated and deposed by another party, or if the expert is used to impeach another expert’s testimony.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Demand for Exchange of Expert Witness Information [2034.210 - 2034.310] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 has been designated by another party and has thereafter been deposed under Article 3 (commencing with Section 2034.410). (b) That expert is called as a witness to impeach the testimony of an expert witness offered by any other party at the trial. This impeachment may include testimony to the falsity or nonexistence of any fact used as the foundation for any opinion by any other party’s expert witness, but may not include testimony that contradicts the opinion. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  191. 2034.410.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    After receiving an expert witness list from a party, another party may depose any person on that list.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 written depositions set forth in Chapters 9 (commencing with Section 2025.010), 10 (commencing with Section 2026.010), and 11 (commencing with Section 2028.010) apply to a deposition of a listed trial expert witness except as provided in this article. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  192. 2034.415.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    An expert whose deposition is properly noticed must produce the materials requested in the notice at least three business days before the deposition.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 before his or her deposition, produce any materials or category of materials, including any electronically stored information, called for by the deposition notice. (Added by Stats. 2016, Ch. 467, Sec. 3. (AB 2427) Effective January 1, 2017.)
  193. 2034.420.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    An expert deposition must be taken within 75 miles of the courthouse where the action is pending, unless the court orders a farther location for exceptional hardship.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 action is pending. On motion for a protective order by the party designating an expert witness, and on a showing of exceptional hardship, the court may order that the deposition be taken at a more distant place from the courthouse. (Amended by Stats. 2008, Ch. 303, Sec. 1. Effective January 1, 2009.)
  194. 2034.430.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    This section sets who must pay an expert witness’s deposition fee, including when the deposing party, tardy counsel, or a party in certain workers’ compensation cases must pay.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 following: (1) An expert described in subdivision (b) of Section 2034.210. (2) A treating physician and surgeon or other treating health care practitioner who is to be asked during the deposition to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner, but not including testimony requiring only the reading of words and symbols contained in the relevant medical record or, if those words and symbols are not legible to the deponent, the approximation by the deponent of what those words or symbols are. (3) An architect, professional engineer, or licensed land surveyor who was involved with the original project design or survey for which that person is asked to express an opinion within the person’s expertise and relevant to the action or proceeding. (b) A party desiring to depose an expert witness described in subdivision (a) shall pay the expert’s reasonable and customary hourly or daily fee for any time spent at the deposition from the time noticed in the deposition subpoena, or from the time of the arrival of the expert witness should that time be later than the time noticed in the deposition subpoena, until the time the expert witness is dismissed from the deposition, regardless of whether the expert is actually deposed by any party attending the deposition. (c) If any counsel representing the expert or a nonnoticing party is late to the deposition, the expert’s reasonable and customary hourly or daily fee for the time period determined from the time noticed in the deposition subpoena until the counsel’s late arrival, shall be paid by that tardy counsel. (d) Notwithstanding subdivision (c), the hourly or daily fee charged to the tardy counsel shall not exceed the fee charged to the party who retained the expert, except where the expert donated services to a charitable or other nonprofit organization. (e) A daily fee shall only be charged for a full day of attendance at a deposition or where the expert was required by the deposing party to be available for a full day and the expert necessarily had to forgo all business that the expert would otherwise have conducted that day but for the request that the expert be available all day for the scheduled deposition. (f) In a worker’s compensation case arising under Division 4 (commencing with Section 3201) or Division 4.5 (commencing with Section 6100) of the Labor Code, a party desiring to depose any expert on another party’s expert witness list shall pay the fee under this section. (Amended by Stats. 2008, Ch. 303, Sec. 2. Effective January 1, 2009.)
  195. 2034.440.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The party that designates an expert must pay the expert’s deposition preparation and travel fees, including travel expenses.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 deposition, as well as for any travel expenses of the expert. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  196. 2034.450.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The party noticing an expert witness deposition must either tender the expert’s fee with the notice or at the start of the deposition, and pay any balance within five days if the deposition runs longer than expected.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 the anticipated length of the deposition, or tender that fee at the commencement of the deposition. (b) The expert’s fee shall be delivered to the attorney for the party designating the expert. (c) If the deposition of the expert takes longer than anticipated, the party giving notice of the deposition shall pay the balance of the expert’s fee within five days of receipt of an itemized statement from the expert. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  197. 2034.460.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A proper deposition notice plus the required expert fee makes the expert’s retaining party produce the expert for deposition.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 party employing or retaining the expert to produce the expert for the deposition. (b) If the party noticing the deposition fails to tender the expert’s fee under Section 2034.430, the expert shall not be deposed at that time unless the parties stipulate otherwise. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  198. 2034.470.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may ask the court to set an expert witness fee if the fee seems unreasonable, and the court can impose sanctions when a motion to set the fee is unsuccessfully made or opposed without justification.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Deposition of Expert Witness [2034.410 - 2034.470] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 deposition testimony is unreasonable, that party may move for an order setting the compensation of that expert. Notice of this motion shall also be given to the expert. (b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. In any attempt at an informal resolution under Section 2016.040, either the party or the expert shall provide the other with all of the following: (1) Proof of the ordinary and customary fee actually charged and received by that expert for similar services provided outside the subject litigation. (2) The total number of times the presently demanded fee has ever been charged and received by that expert. (3) The frequency and regularity with which the presently demanded fee has been charged and received by that expert within the two-year period preceding the hearing on the motion. (c) In addition to any other facts or evidence, the expert or the party designating the expert shall provide, and the court’s determination as to the reasonableness of the fee shall be based on, proof of the ordinary and customary fee actually charged and received by that expert for similar services provided outside the subject litigation. (d) In an action filed after January 1, 1994, the expert or the party designating the expert shall also provide, and the court’s determination as to the reasonableness of the fee shall also be based on, both of the following: (1) The total number of times the presently demanded fee has ever been charged and received by that expert. (2) The frequency and regularity with which the presently demanded fee has been charged and received by that expert within the two-year period preceding the hearing on the motion. (e) The court may also consider the ordinary and customary fees charged by similar experts for similar services within the relevant community and any other factors the court deems necessary or appropriate to make its determination. (f) Upon a determination that the fee demanded by that expert is unreasonable, and based upon the evidence and factors considered, the court shall set the fee of the expert providing testimony. (g) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to set the expert witness fee, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  199. 2034.610.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Motion To Augment or Amend Expert Witness List or Declaration [2034.610 - 2034.630] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A qualifying party may ask the court for leave to add or amend expert witness disclosures, but the motion must be filed early enough to allow discovery depositions, and it must include a meet-and-confer declaration.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Motion To Augment or Amend Expert Witness List or Declaration [2034.610 - 2034.630] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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: (1) Augment that party’s expert witness list and declaration by adding the name and address of any expert witness whom that party has subsequently retained. (2) Amend that party’s expert witness declaration with respect to the general substance of the testimony that an expert previously designated is expected to give. (b) A motion under subdivision (a) shall be made at a sufficient time in advance of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. Under exceptional circumstances, the court may permit the motion to be made at a later time. (c) The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  200. 2034.620.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Motion To Augment or Amend Expert Witness List or Declaration [2034.610 - 2034.630] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The court may grant leave to augment or amend an expert witness list or declaration only if specified conditions are met.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Motion To Augment or Amend Expert Witness List or Declaration [2034.610 - 2034.630] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 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 taken into account the extent to which the opposing party has relied on the list of expert witnesses. (b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party’s action or defense on the merits. (c) The court has determined either of the following: (1) The moving party would not in the exercise of reasonable diligence have determined to call that expert witness or have decided to offer the different or additional testimony of that expert witness. (2) The moving party failed to determine to call that expert witness, or to offer the different or additional testimony of that expert witness as a result of mistake, inadvertence, surprise, or excusable neglect, and the moving party has done both of the following: (A) Sought leave to augment or amend promptly after deciding to call the expert witness or to offer the different or additional testimony. (B) Promptly thereafter served a copy of the proposed expert witness information concerning the expert or the testimony described in Section 2034.260 on all other parties who have appeared in the action. (d) Leave to augment or amend is conditioned on the moving party making the expert available immediately for a deposition under Article 3 (commencing with Section 2034.410), and on any other terms as may be just, including, but not limited to, leave to any party opposing the motion to designate additional expert witnesses or to elicit additional opinions from those previously designated, a continuance of the trial for a reasonable period of time, and the awarding of costs and litigation expenses to any party opposing the motion. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)

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