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§ 2031.290.Retention of original demand, with proof of service,

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 2031.290 bars filing an inspection demand or response with the court, requires the demanding party to retain the original demand with proof of service and the original sworn response for six months after final disposition, and lets a court order longer preservation for good cause.

Full Text of § 2031.290

Text sizeJump to: (a) (b)

(a) The demand for inspection, copying, testing, or sampling, and the response to it, shall not be filed with the court.
(b) The party demanding an inspection, copying, testing, or sampling shall retain both the original of the demand, with the original proof of service affixed to it, and the original of the sworn response until six months after final disposition of the action. At that time, both originals may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.

Plain-English Summary

Discovery paperwork under this chapter is not meant to clutter the court file, and this section keeps it out. The demand for inspection, copying, testing, or sampling, and the response to it, are not filed with the court at all.

Instead, the demanding party carries the retention burden directly. That party has to keep the original demand, with the original proof of service attached, and the original of the sworn response, until six months after the action reaches final disposition. Once that six-month window closes, both originals may be destroyed, unless a court, on a motion by any party and for good cause, orders that they be preserved longer, a safeguard that matters most when the demand or response might later become relevant to an appeal, a malpractice claim, or a related proceeding.

Frequently Asked Questions

Are inspection demands and responses filed with the court?

No, this section bars filing them.

Who has to retain the originals, and for how long?

The demanding party, keeping the original demand with proof of service and the original sworn response until six months after the action's final disposition.

Can that retention period be extended?

Yes, a court may order the originals preserved longer, on any party's motion and a showing of good cause.

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), § 19, 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
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