Request for Production in California Superior Court–At A Glance

Use this At A Glance Guide to learn the statewide rules of civil procedure, (the California Code of Civil Procedure and California Rules of Court) applicable to requests for production in the California Superior Courts. For more detailed information, including local rules, on requests for production in a specific California Superior Court, please see the SmartRules California Request for Production Guides for the court where your action is pending.

Timing:

Defendant may make an inspection demand without leave of court at any time. CCP § 2031.020. (amended eff 6/29/09).

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. CCP § 2031.020(b). (amended eff 6/29/09).

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. CCP § 2031.020(d). (amended eff 6/29/09).

Responses to requests for production are due within thirty (30) days (five (5) days in unlawful detainer actions) if the requests were personally served, thirty-five (35) days if the requests were served by mail, and thirty (30) days plus two (2) court days if the requests were served by express mail or facsimile or electronically. CCP § 2031.260(a). (amended eff 6/29/09); CCP § 1013; CRC 2.260 (renumbered eff 1/1/07).

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. CCP § 2031.260(a). (amended eff 6/29/09).

Service may be made by fax on written agreement of the parties. CRC 2.306(a)(renumbered eff 1/1/08). Fax service completed after 5 p.m. is deemed to have occurred on the next court day. CRC 2.306(g)(renumbered eff 1/1/08).

Request for Production Rules:

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. CCP § 2031.030(c)(1). (amended eff 6/29/09).

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. CCP § 2031.030(a)(2). (eff 6/29/09).

The date specified for production must be at least thirty (30) days (five (5) days for unlawful detainer actions) from the service of the demand, thirty-five (35) days if service was made by mail and thirty (30) days plus two (2) court days if service was made by express mail or fax. CCP § 2031.030(c)(2). (amended eff 6/29/09); CCP § 1013.

The court for good cause shown may grant leave to specify an earlier date. CCP § 2031.030(c)(2). (amended eff 6/29/09).

Specify a reasonable place for making the inspection, copying, testing, or sampling, and performing any related activity. CCP § 2031.030(c)(3). (amended eff 6/29/09).

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. CCP § 2031.030(c)(4). (amended eff 6/29/09).

In addition to demands for inspection, copying, testing, or sampling, a party may propound a supplemental demand any later acquired or discovered documents, tangible things, land or other property, or electronically stored information. CCP § 2031.050(a). (amended eff 6/29/09).

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), once after the initial setting of a trial date. CCP § 2031.050(b). (amended eff 6/29/09).

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. CCP § 2031.050(c). (amended eff 6/29/09).

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. CCP § 2031.285(a). (added eff 6/29/09).

After being notified of a claim of privilege or of protection, 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. CCP § 2031.285(b). (added eff 6/29/09).

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. CCP § 2031.285(c)(1). (added eff 6/29/09).

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. CCP § 2031.285(c)(2). (added eff 6/29/09).

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. CCP § 2031.285(d)(1). (added eff 6/29/09).

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. CCP § 2031.285(d)(2). (added eff 6/29/09).

In the first paragraph immediately below the title of the case must appear the identities of the propounding and responding parties and the set number. CCP § 2031.030(b). (amended eff 6/29/09); CRC 3.1000(a), re supplemental responses, (renumbered eff 1/1/07).

Inspection demands must be separately set forth and identified by number or letter. CCP § 2031.030(c). (amended eff 6/29/09). Each set must be consecutively numbered. CCP § 2031.030(a)(1). (amended eff 6/29/09).

The party demanding an inspection shall serve a copy of the inspection demand on the party to whom it is directed and on all other parties who have appeared in the action. CCP § 2031.040. (amended eff 6/29/09).

Service may be made by fax on written agreement of the parties. CRC 2.306(a)(renumbered eff 1/1/08). Fax service completed after 5 p.m. is deemed to have occurred on the next court day. CRC 2.306(g)(renumbered eff 1/1/08).

The inspection demand and the response to it must not be filed with the court. CCP § 2031.290(a). (amended eff 6/29/09); CRC 3.250(a) and (b) (renumbered eff 1/1/07).

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