(a) The court may, on noticed motion and subject to such terms and conditions as are just, authorize a party to conduct additional discovery, but only upon a showing that the moving party will be unable to prosecute or defend the action effectively without the additional discovery. In making a determination under this section, the court shall take into account whether the moving party has used all applicable discovery in good faith, and whether the party has attempted to secure the additional discovery by stipulation or by means other than formal discovery.
§ 95.Additional discovery
Title 1. Organization and Jurisdiction · Chapter 5.1. Limited Civil Cases · Article 2. Economic Litigation for Limited Civil Cases · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 95 lets a court permit discovery beyond the § 94 cap on a proper showing, taking into account the party’s good faith and prior efforts to obtain the additional discovery by stipulation or other informal means, while separately allowing parties to agree to more discovery by stipulation.
Full Text of § 95
(b) The parties may stipulate to additional discovery.
Plain-English Summary
The § 94 discovery cap isn’t absolute. Section 95 gives a court room to allow more discovery when a case needs it, weighing the requesting party’s good faith and whether that party first tried to get the additional discovery through a stipulation or some other informal route before asking the court to step in.
That sequencing matters: a party that goes straight to a noticed motion without first asking the other side to agree faces a harder case for relief than one that tried the easier route first and hit resistance.
Subdivision (b) makes the informal route explicit — the parties can always stipulate to additional discovery beyond the § 94 cap, without needing the court’s permission at all, as long as both sides agree.
Frequently Asked Questions
Can a party get more discovery than § 94 allows in a limited civil case?
Yes. Section 95 lets a court permit additional discovery on a proper showing, considering the requesting party’s good faith and whether it first tried to get the discovery by stipulation or other informal means.
Do both sides have to agree before a party can get extra discovery?
Not through a motion, but § 95(b) confirms the parties can always stipulate to additional discovery on their own, without court involvement, if they agree.
Amendment History
Added Stats 1982 ch 1581 § 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: additional discovery limited civil case californiaexceed discovery cap limited civil case