A petitioner in a proceeding under Section 850 may commence discovery upon any person who receives notice of the hearing pursuant to subdivision (a) of Section 851 in accordance with the same time periods set forth in the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure), except that the time periods shall commence to run upon service of the petition and notice of hearing. Nothing in this section shall alter when a respondent in such a proceeding may commence discovery.

(Added by Stats. 2017, Ch. 32, Sec. 2. (AB 308) Effective January 1, 2018.)

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Terms Used In California Probate Code 851.1

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56