California Code of Civil Procedure 2016.090 v2 – (a) The following shall apply only to a civil action upon an …
(a) The following shall apply only to a civil action upon an order of the court following stipulation by all parties to the action:
(1) Within 45 days of the order of the court, a party shall, without awaiting a discovery request, provide to the other parties an initial disclosure that includes all of the following information:
Terms Used In California Code of Civil Procedure 2016.090 v2
- Action: includes a civil action and a special proceeding of a civil nature. See California Code of Civil Procedure 2016.020
- Court: means the trial court in which the action is pending, unless otherwise specified. See California Code of Civil Procedure 2016.020
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Electronically stored information: means information that is stored in an electronic medium. See California Code of Civil Procedure 2016.020
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
(A) The names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information, that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.
(B) A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment.
(C) Any agreement under which an insurance company may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.
(D) Any agreement under which a person, as defined in § 175 of the Evidence Code, may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Only those provisions of an agreement that are material to the terms of the insurance, indemnification, or reimbursement are required to be included in the initial disclosure. Material provisions include, but are not limited to, the identities of parties to the agreement and the nature and limits of the coverage.
(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 party that has made its initial disclosures, as described in paragraph (1), or that has responded to another party’s discovery request, shall supplement or correct a disclosure or response in the following situations:
(A) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect and the additional or corrective information has not otherwise been made known to the other parties during the disclosure or discovery process.
(B) As ordered by the court.
(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 under penalty of perjury as being true and correct to the best of the party’s knowledge.
(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.
(c) This section shall become operative on January 1, 2027.
(Repealed (in Sec. 1) and added by Stats. 2023, Ch. 284, Sec. 2. (SB 235) Effective January 1, 2024. Operative January 1, 2027, by its own provisions.)