Code of Civil Procedure § 2031.020 – Timing for Demand for Inspection
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Code of Civil Procedure § 2031.020 – Timing for Demand for Inspection
Code of Civil Procedure – CCP
PART 4. MISCELLANEOUS PROVISIONS [1855 – 2107]
( Heading of Part 4 amended by Stats. 1965, Ch. 299. )
TITLE 4. CIVIL DISCOVERY ACT [2016.010 – 2036.050]
( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. )
CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property [2031.010 – 2031.510]
( Heading of Chapter 14 amended by Stats. 2012, Ch. 72, Sec. 30. )
ARTICLE 1. Inspection Demand [2031.010 – 2031.060]
( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )
California Law
2031.020.
(a) A defendant may make a demand for inspection, copying, testing, or sampling without leave of court at any time.
(b) A plaintiff may make a demand for inspection, copying, testing, or sampling without leave of court at any time that is 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first.
(c) Notwithstanding subdivision (b), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, a plaintiff may make a demand for inspection, copying, testing, or sampling without leave of court at any time that is five days after service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first.
(d) Notwithstanding subdivisions (b) and (c), on motion with or without notice, the court, for good cause shown, may grant leave to a plaintiff to make a demand for inspection, copying, testing, or sampling at an earlier time.
(Amended by Stats. 2009, Ch. 5, Sec. 5. Effective June 29, 2009.)
California Law Summary
This statute outlines the procedure and timing for initiating a demand for the inspection, copying, testing, or sampling of documents, tangible things, or electronically stored information (ESI). It provides that:
A party may not serve a demand for inspection until 10 days after the service of the summons,
Or at any time after the party to whom the demand is directed has appeared in the action.
Purpose
To regulate the early stages of discovery and ensure that document demands are not issued prematurely. This safeguards parties from being overwhelmed with discovery obligations before they have formally responded to the litigation.
Application
This rule applies when a party seeks access to physical or digital evidence through an inspection demand. The demand may only be served:
10 days after service of the summons, or
Immediately after the responding party appears in the case.
Service before this timeframe is invalid and may result in objections, delays, or procedural sanctions. Proper timing and form are essential for enforceability.
