§ 2016.070.Application to enforcement of money judgments
Title 4. Civil Discovery Act · Chapter 1. General Provisions · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2016.070
Plain-English Summary
Discovery after a judgment already sits in a different world from discovery before one: the case is over, and the only question left is how to collect what is owed. This section keeps the Civil Discovery Act from spilling into that separate world by default. It applies to discovery in aid of enforcing a money judgment only to the extent provided in the judgment-enforcement discovery article found elsewhere in the Code of Civil Procedure's Enforcement of Judgments Law.
In practice, that means a judgment creditor trying to find a debtor's assets does not reach for interrogatories, depositions, and document demands under this title as a matter of course. Those tools come into play in post-judgment enforcement only where the enforcement-of-judgments statutes themselves pull them in, keeping the two discovery regimes, one for litigating a case and one for collecting on a judgment already won, largely separate.
Frequently Asked Questions
Does the Civil Discovery Act automatically apply to discovery used to collect a judgment?
No, it applies to discovery in aid of enforcing a money judgment only to the extent the judgment-enforcement discovery article of the Enforcement of Judgments Law provides.
Where are the actual rules for judgment-enforcement discovery found?
In Article 1, commencing with Section 708.010, of Chapter 6 of Title 9 of Part 2 of the Code of Civil Procedure.
Why does the Act draw this boundary around post-judgment discovery?
Because collecting on a judgment already won raises different concerns than litigating a live dispute, so the Legislature built a separate discovery framework for judgment enforcement rather than importing this title wholesale.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)