(a) On filing a petition under Section 2029.600, a petitioner who is a party to the out-of-state proceeding shall pay a first appearance fee as specified in Section 70611 of the Government Code. A petitioner who is not a party to the out-of-state proceeding shall pay the fee specified in subdivision (c) of Section 70626 of the Government Code.
§ 2029.610.Petitions for relief; fees; assignment of case number; requirements for filed documents
Title 4. Civil Discovery Act · Chapter 12. Discovery in Action Pending Outside California · Article 1. Interstate and International Depositions and Discovery Act · Last amended 2011 · Last verified July 29, 2026
In one sentenceSection 2029.610 sets the filing and response fees for a first petition or response under this article depending on whether the filer is a party to the out-of-state case, requires the court to assign a case number, and lists formatting requirements for every filed document.
Full Text of § 2029.610
(b) The court in which the petition is filed shall assign it a case number.
(d) Any petition, response, or other document filed under this section shall satisfy all of the following conditions:
(1) It shall bear the caption and case number of the out-of-state case to which it relates.
(2) The first page shall state the name of the court in which the document is filed.
(3) The first page shall state the case number assigned by the court under subdivision (b).
(4) The first page shall state whether or not the person filing the document is a party to the out-of-state case.
Plain-English Summary
Filing the first discovery petition under this article in a given county triggers a specific fee structure. A petitioner who is a party to the out-of-state proceeding pays a first-appearance fee, while a petitioner who isn't a party to that proceeding instead pays the separate fee set for non-party filers. Whichever fee applies, the court assigns the petition its own case number once filed.
Responding carries its own fee rules, mirroring the filing side: a party to the out-of-state proceeding who responds pays a first-appearance fee, while someone who isn't a party to that proceeding can respond without paying any fee at all. Beyond the fees, every petition, response, or other document filed under this section has to meet a few formatting requirements: it has to carry the out-of-state case's caption and case number, and its first page has to state the name of the filing court, the case number the court assigned, and whether the person filing is a party to the out-of-state case.
Frequently Asked Questions
What fee does a party to the out-of-state case pay to file the first petition under this article?
A first-appearance fee, as specified by the Government Code.
Does a non-party petitioner pay the same fee as a party?
No. A petitioner who isn't a party to the out-of-state proceeding pays a separate, different fee.
Does responding to a petition under this article always require a fee?
No. A person who isn't a party to the out-of-state proceeding may respond without paying a fee; a party to that proceeding pays a first-appearance fee.
What must the first page of a petition or response filed under this section show?
The name of the filing court, the case number assigned to the petition, and whether the filer is a party to the out-of-state case.
Amendment History
(Added by Stats.2008, c. 231 (A.B.2193), § 3, operative Jan. 1, 2010. Amended by Stats.2011, c. 308 (S.B.647), § 4.)
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: petition fees interstate discovery disputecase number discovery petition california