§ 2016.090 (a) The following shall apply in a civil action unless modified by stipulation by all parties to the action: (1) Within 60 days of a demand by any par…
Part 4: Miscellaneous Provisions | Title 4: Civil Discovery Act | Chapter 1: General Provisions
Rule Text
(a) The following shall apply in a civil action unless modified by stipulation by all parties to the action:
(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:
(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) (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.
(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) 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) Notwithstanding subdivision (a), this section does not apply to the following actions:
(1) An unlawful detainer action, as defined in Section 1161.
(2) An action in the small claims division of a court, as defined in Section 116.210.
(3) An action or proceeding commenced in whole or in part under the Family Code.
(4) An action or proceeding commenced in whole or in part under the Probate Code.
(5) An action in which a party has been granted preference pursuant to Section 36.
(c) This section does not apply to any party in the action who is not represented by counsel.
(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.
Amendment history: Amended (as amended by Stats. 2023, Ch. 284, Sec. 1) by Stats. 2025, Ch. 50, Sec. 1. (SB 66) Effective January 1, 2026.