§ 2035.020.Discovery methods available
Title 4. Civil Discovery Act · Chapter 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2035.020
Plain-English Summary
This section answers a question Section 2035.010 leaves open: once a petitioner has permission to perpetuate testimony or preserve evidence, what tools can it use. The list is short and closed. Oral and written depositions come first, letting the petitioner capture a witness's sworn testimony on the record before the case exists to litigate over it. Inspections of documents, things, and places come next, covering physical evidence that might change, move, or disappear before a complaint gets filed. Physical and mental examinations round out the list, available where a person's condition itself is part of what needs to be preserved.
Notice what is missing from this list. Interrogatories are not on it, and neither are requests for admission, both staples of ordinary discovery in a filed case. That gap is not an oversight; it reflects the narrow function this chapter serves. A pre-filing petition exists to lock in evidence that might otherwise be lost, not to build out the petitioner's case or force the other side to answer written questions about its position. The same three methods, in the same order, reappear in Chapter 20 for discovery pending appeal, underscoring that both chapters share the same limited toolkit.
Frequently Asked Questions
What discovery methods are available under Chapter 19's pre-filing petition procedure?
Oral and written depositions, inspections of documents, things, and places, and physical and mental examinations.
Can a petitioner use interrogatories or requests for admission before filing suit?
No. Section 2035.020 limits pre-filing discovery to depositions, inspections, and physical or mental examinations; interrogatories and requests for admission are not included.
Does the petition have to specify which of these methods the petitioner wants to use?
Yes. Section 2035.030 requires the petition to identify the particular discovery methods described in this section that the petitioner wants to employ.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)