Time to Complete Discovery

California’s Code of Civil Procedure, Part 4, Title 4, Chapter 8 deals with the time for completion of discovery in civil cases. Section 2024.010 provides that discovery is considered completed on the day a response is due or on the day a deposition begins.

Section 2024.020 requires any party to be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action. Note that a continuance or postponement of the trial date does not operate to reopen discovery proceedings.

Section 2024.030 requires any person to be entitled as matter of right to complete discovery proceedings pertaining to certain specified witnesses.

Section 2024.040 states that the time limit on completing discovery in an action to be arbitrated is subject to Judicial Council Rule. After an award in a case ordered to judicial arbitration, completion of discovery is limited. This does not apply to specified proceedings.

Section 2024.050 authorizes a court, upon motion of any party, to grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion must be accompanied by a meet and confer declaration.

In exercising its discretion to grant or deny this motion, the court is required to take into consideration any matter relevant to the leave requested, including four specified items. In most instances, the could must imporse a monetary sanction.

Section 2024.060 allows parties to an action to enter into an agreement to extend the time for the completion of discovery proceedings or for the hearing of motions concerning discovery, or to reopen discovery after a new date for trial of the action has been set.