§ 2016.020.Definitions
Title 4. Civil Discovery Act · Chapter 1. General Provisions · Last amended 2009 · Last verified July 29, 2026
Full Text of § 2016.020
Plain-English Summary
Discovery statutes lean heavily on a handful of recurring words, and this section pins down what each one means across the whole Act. An action includes both a civil action and a special proceeding of a civil nature, so the discovery rules reach beyond ordinary lawsuits into related civil proceedings. The court means the trial court where the action is pending, unless a particular section says otherwise.
Document and writing both point back to the broad definition already used in the Evidence Code, covering everything from paper records to photographs, sound recordings, and computer data. Electronic is defined functionally, covering any technology with electrical, digital, magnetic, wireless, optical, or electromagnetic capabilities, a deliberately open-ended list meant to keep pace with changing technology rather than freeze the law to one era's devices.
The most consequential definition is the last one: electronically stored information means information stored in an electronic medium. That short phrase is what triggers the Act's separate rules for producing, objecting to, and litigating disputes over email, databases, and other digital records, rules added to the Act well after its original 2004 enactment to keep discovery current with how information is kept today.
Frequently Asked Questions
What counts as an "action" for discovery purposes?
Both a civil action and a special proceeding of a civil nature.
What is "electronically stored information" under this section?
Information that is stored in an electronic medium, a deliberately broad definition that reaches email, databases, and any other digital record.
How does the Act define "document" and "writing"?
By cross-reference to the broad definition of a writing in Section 250 of the Evidence Code, which covers most methods of recording information.
Why does the Act define "electronic" so broadly?
To keep the definition functional and technology-neutral, covering electrical, digital, magnetic, wireless, optical, and similar capabilities rather than naming specific devices that could become outdated.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005. Amended by Stats.2009, c. 5 (A.B.5), § 3, eff. June 29, 2009.)