§ 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
Full Text of § 2031.290
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.)