RulesofCivilProcedure.com Civil Procedure · Every State

§ 1775.11.Discovery

Title 11.6. Civil Action Mediation · Last amended 2005 · Last verified July 29, 2026

In one sentenceSection 1775.11 confirms that a party participating in mediation under Section 1775.3 keeps full access to discovery under the Civil Discovery Act, so submitting a case to mediation does not narrow or suspend a party's normal right to conduct discovery.

Full Text of § 1775.11

Text size

Any party who participates in mediation pursuant to Section 1775.3 shall retain the right to obtain discovery to the extent available under the Civil Discovery Act, Title 4 (commencing with Section 2016.010) of Part 4.

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

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: discovery rights during mediation californiacivil discovery act mediation participants