A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item.
§ 2031.230.Statement of inability to comply; contents
Title 4. Civil Discovery Act · Chapter 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored · Article 2. Response to Inspection Demand · Last amended 2009 · Last verified July 29, 2026
In one sentenceSection 2031.230 requires a representation of inability to comply with an inspection demand to affirm a diligent search and reasonable inquiry, specify why compliance is impossible (never existed, destroyed, lost, or never in the party's control), and name anyone known to have the material.
Full Text of § 2031.230
Plain-English Summary
Saying a party cannot produce something invites the obvious follow-up question: did the party look hard enough first? This section answers that by requiring a representation of inability to comply to affirm that the responding party made a diligent search and a reasonable inquiry before concluding it could not produce the item or category.
The representation also has to explain why compliance is impossible, choosing among the reasons the section lists: the item never existed, it was destroyed, it was lost, misplaced, or stolen, or it has never been, or is no longer, in the responding party's possession, custody, or control. And if the responding party knows or believes someone else has the material, the representation has to name that person or organization and give an address, so the demanding party has somewhere else to look.
Frequently Asked Questions
What must a party affirm before claiming inability to comply?
That a diligent search and a reasonable inquiry were made in an effort to comply with the demand.
What reasons can justify an inability to comply?
That the item never existed, was destroyed, was lost, misplaced, or stolen, or has never been, or is no longer, in the responding party's possession, custody, or control.
Does the responding party have to identify anyone else who might have the material?
Yes, the name and address of any natural person or organization known or believed to have possession, custody, or control of the item.
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), § 12, 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: diligent search and reasonable inquiry californiarepresentation of inability to comply document demand