RulesofCivilProcedure.com Civil Procedure · Every State

§ 2031.040.Service of demand

Title 4. Civil Discovery Act · Chapter 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored · Article 1. Inspection Demand · Last amended 2009 · Last verified July 29, 2026

In one sentenceSection 2031.040 requires the party serving an inspection demand to serve a copy on the party to whom it is directed and on every other party who has appeared in the action.

Full Text of § 2031.040

Text size

The party making a demand for inspection, copying, testing, or sampling shall serve a copy of the demand on the party to whom it is directed and on all other parties who have appeared in the action.

Plain-English Summary

This short section makes sure an inspection demand does not stay hidden between the two parties directly involved. Whoever serves the demand must serve a copy not only on the party being asked to produce material, but on every other party who has already appeared in the case.

That keeps the whole litigation informed of what discovery is in motion, so co-parties can track what has been demanded, weigh in through their own objections or motions if the demand affects them, and avoid the kind of surprise that undermines coordinated defense or prosecution of a multi-party case.

Frequently Asked Questions

Who must be served with a copy of an inspection demand?

The party to whom the demand is directed and every other party who has appeared in the action.

Does this section require anything beyond service?

No, it is limited to the service requirement itself; the content and timing of the demand are governed by other sections in this article.

Amendment History

(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005. Amended by Stats.2009, c. 5 (A.B.5), § 7, eff. June 29, 2009.)

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: service of inspection demand californiawho gets served request for production