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§ 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

In one sentenceSection 2036.020 limits discovery pending appeal under this chapter to the same three methods available before filing: oral and written depositions, inspections of documents, things, and places, and physical and mental examinations.

Full Text of § 2036.020

Text sizeJump to: (a) (b) (c)

The methods available for discovery for the purpose set forth in Section 2036.010 are all of the following:
(a) Oral and written depositions.
(b) Inspections of documents, things, and places.
(c) Physical and mental examinations.

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.)

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: ccp 2036.020 discovery methods pending appealdepositions inspections examinations during appeal californiawhat discovery is allowed while case is on appeal