§ 1775.11.Discovery
Title 11.6. Civil Action Mediation · Last amended 2005 · Last verified July 29, 2026
Full Text of § 1775.11
Plain-English Summary
Mediation runs alongside the rest of a case, not in place of it, and this section makes sure discovery keeps moving during that process. A party who participates in mediation under Section 1775.3 retains the right to obtain discovery to the same extent that right would exist under the Civil Discovery Act, Title 4 of Part 4, commencing with Section 2016.010.
In practical terms, going to mediation isn't a reason for a court, or an opposing party, to cut off depositions, interrogatories, or document requests. The parties keep building their case for trial in parallel with whatever progress mediation makes.
Frequently Asked Questions
Does submitting a case to mediation limit a party's discovery rights?
No. Section 1775.11 preserves full discovery rights under the Civil Discovery Act for parties participating in mediation.
What law governs the scope of that discovery?
The Civil Discovery Act, Title 4 of Part 4, commencing with Section 2016.010.
Can a party keep taking depositions or sending interrogatories while a case is in mediation?
Yes. This section keeps discovery available to the extent the Civil Discovery Act would otherwise allow it.
Amendment History
Amended by Stats 2004 ch 182 (AB 3081),s 17, eff. 7/1/2005