§ 2036.020.Discovery methods available
Title 4. Civil Discovery Act · Chapter 20. Perpetuation of Testimony or Preservation of Information Pending Appeal · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2036.020
Plain-English Summary
Just as Section 2035.020 fixes the toolkit for pre-filing discovery, this section fixes it for discovery pending appeal, and the list is identical. A party with leave under this chapter can take oral and written depositions to capture sworn testimony while a witness is still available and memories are still fresh, can inspect documents, things, and places before they change or disappear, and can conduct physical and mental examinations where a person's condition bears on issues that might return to the trial court.
The choice to reuse the exact same three methods, in the same order, is not an accident, it signals that Chapter 20 is built on the same foundation as Chapter 19, just triggered by a judgment and a pending appeal rather than an unfiled lawsuit. Interrogatories and requests for admission stay off the list here for the same reason they are absent from Chapter 19: this chapter exists to preserve evidence that a later proceeding might need, not to let a party build out its case or extract written admissions from an opponent while the appeal is pending.
Frequently Asked Questions
What discovery methods are available while an appeal is pending?
Oral and written depositions, inspections of documents, things, and places, and physical and mental examinations.
Are interrogatories or requests for admission available under Chapter 20?
No. Section 2036.020 limits discovery pending appeal to depositions, inspections, and physical or mental examinations.
Is the list of available methods the same as the one for pre-filing discovery?
Yes. It is identical to the methods listed in Section 2035.020 for discovery to perpetuate testimony before an action is filed.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)