(a) A defendant may make a demand for inspection, copying, testing, or sampling without leave of court at any time.
§ 2031.020.Time to make demand; motion for leave to make
Title 4. Civil Discovery Act · Chapter 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored · Article 1. Inspection Demand · Last amended 2026 · Last verified July 29, 2026
In one sentenceSection 2031.020 lets a defendant serve an inspection demand at any time, but generally requires a plaintiff to wait 10 days after service of the summons on, or an appearance by, the party to whom the demand is directed, absent an earlier deadline in unlawful detainer cases or a court order granting leave to demand sooner.
Full Text of § 2031.020
(b) A plaintiff may make a demand for inspection, copying, testing, or sampling without leave of court at any time that is 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first.
(c) Notwithstanding subdivision (b), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, a plaintiff may make a demand for inspection, copying, testing, or sampling without leave of court at any time that is 10 days after service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first.
(d) Notwithstanding subdivisions (b) and (c), on motion with or without notice, the court, for good cause shown, may grant leave to a plaintiff to make a demand for inspection, copying, testing, or sampling at an earlier time.
Plain-English Summary
This section sets the starting gun for inspection demands, and it draws the line differently depending on which side of the case a party sits on. A defendant may serve a demand for inspection, copying, testing, or sampling at any time, without needing the court's permission.
A plaintiff has to wait. The general rule holds a plaintiff back until 10 days after the summons has been served on, or an appearance made by, the party the demand targets, whichever happens first. An unlawful detainer action, or another proceeding for forcible entry or detainer, follows the identical 10-day trigger, since these fast-moving possession cases still need at least that minimal foothold before a demand can issue. Either way, a plaintiff who cannot wait that long can move the court, with or without notice, for leave to serve a demand earlier, on a showing of good cause.
Frequently Asked Questions
When can a defendant serve an inspection demand?
At any time, without needing leave of court.
When can a plaintiff serve one?
At any time that is 10 days after service of the summons on, or an appearance by, the party to whom the demand is directed, whichever occurs first.
Does the unlawful detainer timing rule differ from the general rule?
No, both use the same 10-day trigger measured from service of the summons or an appearance.
Can a plaintiff demand inspection sooner than the 10-day rule allows?
Yes, on motion with or without notice, for good cause shown.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005. Amended by Stats.2007, c. 113 (A.B.1126), § 9; Stats.2009, c. 5 (A.B.5), § 5, eff. June 29, 2009; Stats.2025, c. 200 (A.B.1521), § 15, eff. Jan. 1, 2026.)
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
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