Chapter 20 - Perpetuation of Testimony or Preservation of Information Pending Appeal

California Code of Civil Procedure — §§ 2036.010-2036.050

Sections (5)

§ 2036.010

Amended by Stats. 2016, Ch. 86, Sec. 45. (SB 1171) Effective January 1, 2017.

If an appeal has been taken from a judgment entered by a court of the state, or if the time for taking an appeal has not expired, a party may obtain discovery 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), for purposes of perpetuating testimony or preserving information for use in the event of further

proceedings in that court.

§ 2036.020

Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.

The methods available for discovery for the purpose set forth in Section 2036.010 are all of the following:

(a)Oral and written depositions.

(b)Inspections of documents, things, and places.

(c)Physical and mental examinations.

§ 2036.030

Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.

(a)A party who desires to obtain discovery pending appeal shall obtain leave of the court that entered the judgment. This motion shall be made on the same notice to and service of parties as is required for discovery sought in an action pending in that court.

(b)The motion for leave to conduct discovery pending appeal shall set forth all of the following:

(1)The names and

addresses of the natural persons or organizations from whom the discovery is being sought.

(2)The particular discovery methods described in Section 2036.020 for which authorization is being sought.

(3)The reasons for perpetuating testimony or preserving evidence.

§ 2036.040

Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.

(a)If the court determines that all or part of the discovery requested under this chapter may prevent a failure or delay of justice in the event of further proceedings in the action in that court, it shall make an order authorizing that discovery.

(b)The order shall identify any witness whose deposition may be taken, and any documents, things, or places that may be inspected, and any person whose physical or mental condition may be examined.

(c)Any authorized depositions, inspections, and physical and mental examinations shall then be conducted in accordance with the provisions of this title relating to these methods of discovery in a pending action.

§ 2036.050

Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.

If a deposition to perpetuate testimony has been taken under the provisions of this chapter, it may be used in any later proceeding in accordance with Section 2025.620.