Request for Production in California Superior Court–At A Glance

Use this “At A Glance Guide” to learn the statewide rules of civil procedure 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.


Request for Production Rules

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.

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.

Specify a reasonable place for making the inspection, copying, testing, or sampling, and performing any related activity.

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.

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.

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.

Inspection demands must be separately set forth and identified by number or letter. Each set must be consecutively numbered.

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.

Timing

Defendant may make an inspection demand without leave of court at any time.

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.

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.

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.

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.

Service may be made by fax on written agreement of the parties. Fax service completed after 5 p.m. is deemed to have occurred on the next court day.


SmartRules

SmartRules guides cover additional requirements, including:

  • Calculating deadlines
  • Discovery cut-off
  • Meet and confer requirements
  • Supplemental demands
  • Claims of privilege

 


Originally posted August 3, 2009