All the discovery methods that are available in general civil actions are available in UD cases, although the time limits for discovery are greatly compressed because of the summary nature of the action. All discovery in UD actions must be completed on or before the fifth day before trial. [See CCP §2024.040(b)(1).]
A discovery motion may be made at any time on giving five days' notice. [CCP §1170.8.]
Other differences between discovery in general civil actions and discovery in UD actions include these:
- Interrogatories in UD actions may be served 5 days after service of the summons on or appearance by the defendant, whichever occurs first. [CCP §2030.020(c).] On a showing of good cause, you may grant leave for the plaintiff to propound interrogatories at an earlier time. [CCP §2030.020(d).] Responses to interrogatories are due 5 days after service unless you shorten or extend the time on a motion. [CCP §2030.260(b).] Judicial Council form interrogatories are available to the parties.
- Depositions must be scheduled for a date at least 5 days after service of the deposition notice and must be completed 5 days before trial. [CCP §2025.270(b).] You may shorten or extend that time by motion or on ex parte application. [CCP §2025.270(d).]
- Inspection demands may be served 5 days after service of the summons on or appearance by the defendant, whichever occurs first. [CCP §2031.020(c).] The demand must designate a reasonable date for inspection at least 5 days after service of the demand, unless you grant leave to specify an early date on a showing of good cause. [CCP §2031.030(c)(2).] Responses to inspection demands are due 5 days after service unless you shorten or extend the time on a motion. [CCP §2031.260(b).]
- Requests for admission may be served 5 days after service of the summons on or appearance by the defendant, whichever occurs first. [CCP §2033.020(c).] On a showing of good cause you may grant the plaintiff leave to serve the request at an earlier time. [CCP §2033.020(d).] The defendant may serve requests for admission at any time. [CCP §2033.020(a).] Responses to the requests are due 5 days after service unless you shorten or extend the time on a motion. [CCP §2033.250(b).]
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REFERENCE >> For a full discussion of discovery methods, see California Judges Benchbook: Civil Proceedings—Discovery (Cal CJER). |
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