§ 2016.040.Meet and confer declaration; requirements

California discovery motions do not go straight to a judge; the parties have to try to work things out first, and this section describes what proof of that effort looks like. A declaration supporting a discovery motion must state facts showing a reasonable and good-faith attempt to resolve each issue the motion raises, and that attempt can happen in person, by telephone, or by videoconference.

The declaration also has to say whether the moving party has met and conferred, including through an electronic communication, about retaining a certified shorthand reporter for the motion hearing. That added requirement does not force anyone to hire a reporter; it just makes sure the parties talked about the option before showing up in court.

This section functions as connective tissue for the rest of the Act. Rather than repeating the meet-and-confer requirement in every chapter that authorizes a discovery motion, those other sections cross-reference this one instead of repeating it, so the same standard for what counts as a good-faith effort applies uniformly across interrogatories, depositions, document demands, and every other discovery mechanism.