SECTIONS 2036.010-2036.050 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2036.010-2036.050

2036.010. If an appeal has been taken from a judgment entered by
any court of the State of California, or if the time for taking an
appeal has not expired, a party may obtain discovery within the scope
delimited by Chapters 2 (commencing with Section 2017.010) and 3
(commencing with Section 2017.710), and subject to the restrictions
set forth in Chapter 5 (commencing with Section 2019.010), for the
purpose of perpetuating testimony or preserving information for use
in the event of further proceedings in that court.

2036.020. 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. (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. (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. 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.