SECTIONS 2024.010-2024.060 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2024.010-2024.060

2024.010. As used in this chapter, discovery is considered
completed on the day a response is due or on the day a deposition
begins.

2024.020. (a) Except as otherwise provided in this chapter, any
party shall be entitled as a matter of right to complete discovery
proceedings on or before the 30th day, and to have motions concerning
discovery heard on or before the 15th day, before the date initially
set for the trial of the action.
(b) Except as provided in Section 2024.050, a continuance or
postponement of the trial date does not operate to reopen discovery
proceedings.

2024.030. Any party shall be entitled as a matter of right to
complete discovery proceedings pertaining to a witness identified
under Chapter 18 (commencing with Section 2034.010) on or before the
15th day, and to have motions concerning that discovery heard on or
before the 10th day, before the date initially set for the trial of
the action.

2024.040. (a) The time limit on completing discovery in an action
to be arbitrated under Chapter 2.5 (commencing with Section 1141.10)
of Title 3 of Part 3 is subject to Judicial Council Rule. After an
award in a case ordered to judicial arbitration, completion of
discovery is limited by Section 1141.24.
(b) This chapter does not apply to either of the following:
(1) Summary proceedings for obtaining possession of real property
governed by Chapter 4 (commencing with Section 1159) of Title 3 of
Part 3. Except as provided in Sections 2024.050 and 2025.060,
discovery in these proceedings shall be completed on or before the
fifth day before the date set for trial.
(2) Eminent domain proceedings governed by Title 7 (commencing
with Section 1230.010) of Part 3.

2024.050. (a) On motion of any party, the court may grant leave to
complete discovery proceedings, or to have a motion concerning
discovery heard, closer to the initial trial date, or to reopen
discovery after a new trial date has been set. This motion shall be
accompanied by a meet and confer declaration under Section 2016.040.
(b) In exercising its discretion to grant or deny this motion, the
court shall take into consideration any matter relevant to the leave
requested, including, but not limited to, the following:
(1) The necessity and the reasons for the discovery.
(2) The diligence or lack of diligence of the party seeking the
discovery or the hearing of a discovery motion, and the reasons that
the discovery was not completed or that the discovery motion was not
heard earlier.
(3) Any likelihood that permitting the discovery or hearing the
discovery motion will prevent the case from going to trial on the
date set, or otherwise interfere with the trial calendar, or result
in prejudice to any other party.
(4) The length of time that has elapsed between any date
previously set, and the date presently set, for the trial of the
action.
(c) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion to extend or to
reopen discovery, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.

2024.060. Parties to an action may, with the consent of any party
affected by it, enter into an agreement to extend the time for the
completion of discovery proceedings or for the hearing of motions
concerning discovery, or to reopen discovery after a new date for
trial of the action has been set. This agreement may be informal, but
it shall be confirmed in a writing that specifies the extended date.
In no event shall this agreement require a court to grant a
continuance or postponement of the trial of the action.