This title may be cited as the “Civil Discovery Act.”
Civil Discovery ActGeneral Provisions
Section § 2016.010
This part of the law is called the 'Civil Discovery Act.'
Civil Discovery Act legal citation discovery procedures
Section § 2016.020
This section defines specific terms used in legal proceedings. 'Action' refers to any civil lawsuit or process. 'Court' is the trial court handling the case unless stated otherwise. 'Document' or 'writing' means anything defined as a writing by another law. 'Electronic' describes technologies like digital or wireless. 'Electronically stored information' is data kept in electronic form.
As used in this title:
(a)CA Civil Procedure Code § 2016.020(a) “Action” includes a civil action and a special proceeding of a civil nature.
(b)CA Civil Procedure Code § 2016.020(b) “Court” means the trial court in which the action is pending, unless otherwise specified.
(c)CA Civil Procedure Code § 2016.020(c) “Document” and “writing” mean a writing, as defined in Section 250 of the Evidence Code.
(d)CA Civil Procedure Code § 2016.020(d) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(e)CA Civil Procedure Code § 2016.020(e) “Electronically stored information” means information that is stored in an electronic medium.
civil action special proceeding trial court
Section § 2016.030
This law section states that, unless a judge decides differently, the parties in a legal case can agree in writing to change the rules for how they collect and share information before a trial, which is known as discovery.
Unless the court orders otherwise, the parties may by written stipulation modify the procedures provided by this title for any method of discovery permitted under Section 2019.010.
discovery procedures written stipulation modifying discovery
Section § 2016.040
This section of the law requires that when you file a legal motion, you must include a statement showing you've tried sincerely and reasonably to resolve the issues informally before going to court.
A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.
meet and confer declaration reasonable attempt good faith effort
Section § 2016.050
This law says that the rules for giving and receiving legal papers, detailed in Sections 1011 and 1013, also apply when someone is trying to gather information for a case or when they've been given a motion, which is a request for the court to make a decision.
Sections 1011 and 1013 apply to any method of discovery or service of a motion provided for in this title.
service of a motion method of discovery Sections 1011 and 1013
Section § 2016.060
If you're supposed to finish a legal task and the deadline is a Saturday, Sunday, or holiday, you have until the next day the court is open to get it done.
When the last day to perform or complete any act provided for in this title falls on a Saturday, Sunday, or holiday as specified in Section 10, the time limit is extended until the next court day closer to the trial date.
deadline extension court day act completion
Section § 2016.070
This law states that rules for gathering information (discovery) to help enforce a money judgment are covered under another specific set of rules, starting with Section 708.010.
This title applies to discovery in aid of enforcement of a money judgment only to the extent provided in Article 1 (commencing with Section 708.010) of Chapter 6 of Title 9 of Part 2.
discovery enforcement money judgment
Section § 2016.090
This law outlines the process of initial disclosures in civil lawsuits in California, except for specific cases like unlawful detainer actions and small claims. Within 60 days of a request, all parties in a civil case must share the names, contact info, and relevant details of people and evidence that might be used in their case. This doesn't include information solely for discrediting someone at trial. Parties must also disclose relevant insurance policies and agreements related to the case. Even if some information is missing or another party hasn't complied, disclosures must be made based on current, available information. Parties can request updates or new information before and after the trial date is set. All disclosures must be verified, and the courts can enforce compliance. It doesn’t apply if someone is representing themselves, and the rules are set to expire in 2027 unless extended.
(a)CA Civil Procedure Code § 2016.090(a) The following shall apply in a civil action unless modified by stipulation by all parties to the action:
(1)CA Civil Procedure Code § 2016.090(a)(1) Within 60 days of a demand by any party to the action, each party that has appeared in the action, including the party that made the demand, shall provide to the other parties an initial disclosure that includes all of the following information:
(A)CA Civil Procedure Code § 2016.090(a)(1)(A) The names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information, that the disclosing party may use to support its claims or defenses, or that is relevant to the subject matter of the action or the order on any motion made in that action, unless the
use would be solely for impeachment. The disclosure required by this subparagraph is not required to include persons who are expert trial witnesses or are retained as consultants who may later be designated as expert trial witnesses, as that term is described in Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4.
(B)CA Civil Procedure Code § 2016.090(a)(1)(B) A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, or that is relevant to the subject matter of the action or the order on any motion made in that action, unless the use would be solely for impeachment.
(C)CA Civil Procedure Code § 2016.090(a)(1)(C) Any contractual agreement and any insurance policy under which an insurance company may be liable to satisfy, in whole or in part, a judgment entered in the
action or to indemnify or reimburse for payments made to satisfy the judgment.
(D)CA Civil Procedure Code § 2016.090(a)(1)(D) Any and all contractual agreements and any and all insurance policies under which a person, as defined in Section 175 of the Evidence Code, may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Only those provisions of an agreement that are material to the terms of the insurance, indemnification, or reimbursement are required to be included in the initial disclosure. Material provisions include, but are not limited to, the identities of parties to the agreement, the nature and limits of the coverage, and any and all documents regarding whether any insurance carrier is disputing the agreement’s or policy’s coverage of the claim involved in the action.
(2)CA Civil Procedure Code § 2016.090(a)(2) A party shall make its initial disclosures based
on the information then reasonably available to it. A party is not excused from making its initial disclosures because it has not fully investigated the case, because it challenges the sufficiency of another party’s disclosures, or because another party has not made its disclosures.
(3)Copy CA Civil Procedure Code § 2016.090(a)(3)
(A)Copy CA Civil Procedure Code § 2016.090(a)(3)(A) A party that has made, or responded to, a demand for an initial disclosure pursuant to paragraph (1) may propound a supplemental demand on any other party to elicit any later-acquired information bearing on all disclosures previously made by any party.
(B)CA Civil Procedure Code § 2016.090(a)(3)(A)(B) A party may propound a supplemental demand 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) of Title 4 of Part 4, once after the initial setting of a trial date.
(C)CA Civil Procedure Code § 2016.090(a)(3)(A)(C) Notwithstanding subparagraphs (A) and (B), on motion, for good cause shown, the court may grant leave to a party to propound one additional supplemental demand.
(4)CA Civil Procedure Code § 2016.090(a)(4) A party’s obligations under this section may be enforced by a court on its own motion or the motion of a party to compel disclosure.
(5)CA Civil Procedure Code § 2016.090(a)(5) A party’s disclosures under this section shall be verified either in a written declaration by the party or the party’s authorized representative, or signed by the party’s counsel.
(b)CA Civil Procedure Code § 2016.090(b) Notwithstanding subdivision (a), this section does not apply to the following actions:
(1)CA Civil Procedure Code § 2016.090(b)(1) An unlawful detainer action, as defined in Section 1161.
(2)CA Civil Procedure Code § 2016.090(b)(2) An action in the small claims division of a court, as defined in Section 116.210.
(3)CA Civil Procedure Code § 2016.090(b)(3) An action or proceeding commenced in whole or in part under the Family Code.
(4)CA Civil Procedure Code § 2016.090(b)(4) An action or proceeding commenced in whole or in part under the Probate Code.
(5)CA Civil Procedure Code § 2016.090(b)(5) An action in which a party has been granted preference pursuant to Section 36.
(c)CA Civil Procedure Code § 2016.090(c) This section does not apply to any party in the action who is not represented by counsel.
(d)CA Civil Procedure Code § 2016.090(d) The changes made to this section by the act adding this subdivision apply only to civil actions filed on or after January 1, 2024.
(e)CA Civil Procedure Code § 2016.090(e) This section shall remain in effect until January 1,
2027, and as of that date is repealed.
initial disclosures civil lawsuits relevant evidence
Section § 2016.090
This law section outlines the rules for certain civil court cases when all parties agree to specific disclosure requirements. Within 45 days of a court order, parties must share key information with each other, like names and contact details of witnesses and a list of relevant documents they might use, excluding items only for questioning credibility. They must also disclose any insurance or indemnity agreements related to the case. Parties need to provide this information based on what they reasonably know at the time, even if they haven't fully investigated the case, or if another party hasn't disclosed yet. They need to update their disclosures if they find any mistakes. The court can enforce these rules if necessary, and all information shared must be verified as true. This law doesn't apply to eviction cases or small claims court, and it will take effect in 2027.
(a)CA Civil Procedure Code § 2016.090(a) The following shall apply only to a civil action upon an order of the court following stipulation by all parties to the action:
(1)CA Civil Procedure Code § 2016.090(a)(1) Within 45 days of the order of the court, a party shall, without awaiting a discovery request, provide to the other parties an initial disclosure that includes all of the following information:
(A)CA Civil Procedure Code § 2016.090(a)(1)(A) The names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information, that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.
(B)CA Civil Procedure Code § 2016.090(a)(1)(B) A copy, or a description
by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment.
(C)CA Civil Procedure Code § 2016.090(a)(1)(C) Any agreement under which an insurance company may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.
(D)CA Civil Procedure Code § 2016.090(a)(1)(D) Any agreement under which a person, as defined in Section 175 of the Evidence Code, may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Only those provisions of an agreement that are material to the terms of the insurance, indemnification, or reimbursement are required to be included in the initial disclosure. Material
provisions include, but are not limited to, the identities of parties to the agreement and the nature and limits of the coverage.
(2)CA Civil Procedure Code § 2016.090(a)(2) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its initial disclosures because it has not fully investigated the case, because it challenges the sufficiency of another party’s disclosures, or because another party has not made its disclosures.
(3)CA Civil Procedure Code § 2016.090(a)(3) A party that has made its initial disclosures, as described in paragraph (1), or that has responded to another party’s discovery request, shall supplement or correct a disclosure or response in the following situations:
(A)CA Civil Procedure Code § 2016.090(a)(3)(A) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect and the
additional or corrective information has not otherwise been made known to the other parties during the disclosure or discovery process.
(B)CA Civil Procedure Code § 2016.090(a)(3)(B) As ordered by the court.
(4)CA Civil Procedure Code § 2016.090(a)(4) A party’s obligations under this section may be enforced by a court on its own motion or the motion of a party to compel disclosure.
(5)CA Civil Procedure Code § 2016.090(a)(5) A party’s disclosures under this section shall be verified under penalty of perjury as being true and correct to the best of the party’s knowledge.
(b)CA Civil Procedure Code § 2016.090(b) Notwithstanding subdivision (a), this section does not apply to the following actions:
(1)CA Civil Procedure Code § 2016.090(b)(1) An unlawful detainer action, as defined in Section 1161.
(2)CA Civil Procedure Code § 2016.090(b)(2) An action in the small
claims division of a court, as defined in Section 116.210.
(c)CA Civil Procedure Code § 2016.090(c) This section shall become operative on January 1, 2027.
civil court cases initial disclosures witness contact information
