§ 2019.030.Court-imposed restrictions; motion; monetary sanction
Title 4. Civil Discovery Act · Chapter 5. Methods and Sequence of Discovery · Article 1. General Provisions · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2019.030
Plain-English Summary
Discovery has limits, and this section tells courts when to enforce them. A court has to restrict how often or how far a discovery method gets used if the discovery sought is unreasonably cumulative or duplicative, or is available from some more convenient, less burdensome, or less expensive source. The same restriction applies when the chosen method is unduly burdensome or expensive once the court weighs the needs of the case, the amount in controversy, and how much is really at stake in the litigation.
These findings come up through a motion for a protective order, brought by the party targeted by discovery or another affected person, and that motion has to be accompanied by a declaration showing the parties tried to work things out first. There's a real cost to guessing wrong here: if a party or attorney unsuccessfully makes or opposes a protective order motion, the court must impose a monetary sanction, unless the losing side acted with substantial justification or the circumstances make a sanction unjust.
Frequently Asked Questions
When must a court limit the frequency or extent of discovery?
When the discovery sought is unreasonably cumulative or duplicative, is available from a more convenient or less costly source, or is unduly burdensome or expensive given the case's needs and stakes.
How does a party ask the court to restrict discovery under this section?
By moving for a protective order, accompanied by a meet-and-confer declaration under Section 2016.040.
Is there a penalty for losing a protective order motion under this section?
Generally yes. The court must impose a monetary sanction against the losing party, person, or attorney unless they acted with substantial justification or a sanction would be unjust.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)