Unless the court orders otherwise, the parties may by written stipulation modify the procedures provided by this title for any method of discovery permitted under Section 2019.010.
§ 2016.030.Stipulation to modify discovery; requirements
Title 4. Civil Discovery Act · Chapter 1. General Provisions · Enacted 2004 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2016.030 lets parties agree in writing to modify the discovery procedures the Civil Discovery Act otherwise sets for any approved discovery method, unless the court orders otherwise.
Full Text of § 2016.030
Plain-English Summary
The Civil Discovery Act's procedures are defaults, not a straitjacket, and this section says so directly. Parties can agree among themselves, in writing, to change how a particular discovery method will work in their case, so long as the court has not ordered otherwise.
This stipulation power matters in everyday practice. Parties routinely agree to extend response deadlines, adjust deposition logistics, or streamline document production in ways that suit their case better than the statutory default, without needing to ask a judge for permission each time. The section only requires that the agreement be in writing and that no court order stands in the way.
Frequently Asked Questions
Can parties change the discovery procedures set out in the Civil Discovery Act?
Yes, by written stipulation, for any discovery method permitted under Section 2019.010, unless the court orders otherwise.
Does a stipulation under this section need to be in writing?
Yes, the section requires a written stipulation, not merely an oral or informal understanding.
What happens if a court order conflicts with the parties' stipulation?
The court order controls; parties can modify discovery procedures by stipulation only where the court has not ordered otherwise.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: stipulation to modify discovery californiadiscovery agreement between parties