Code Civ. Proc., § 2036.030 · Chapter 20. Perpetuation of Testimony or Preservation of Information Pending Appeal
Code Civ. Proc., § 2036.030
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=2036.030.
- Text hash
- sha256 ce7d461fed3a1df688f50e2c16c4f5c909eca0286abeeec816c3932b86ee7fb0
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.