§ 2036.030.030

Unlike Chapter 19's petition-and-hearing process, discovery pending appeal moves through an ordinary motion, filed in the court that already entered the judgment, since that is the court that will handle any further proceedings the discovery is meant to prepare for. A party cannot serve deposition notices or inspection demands after judgment the way it could while the case was still pending; it first has to obtain leave of court, and it has to give notice and serve the motion the same way discovery motions are noticed and served in a case that has not yet reached judgment.

The motion itself has to lay out three things. First, the names and addresses of the people or organizations from whom the discovery is sought, so the court and any other party know exactly who is involved. Second, which of the methods listed in Section 2036.020, depositions, inspections, or examinations, the moving party wants authorization to use. Third, the reasons for perpetuating testimony or preserving evidence at this point, explaining why the information needs to be locked in now rather than waiting to see whether further proceedings happen at all. That last showing is what the court will weigh under Section 2036.040 in deciding whether to grant the motion.