(a) Any party may serve on any other party a request in substantially the following form: TO: ________________________ ____________, attorney for ________________________ ____________: You are requested to serve on the undersigned, within 20 days, a statement of: the names and addresses of witnesses (OTHER THAN A PARTY WHO IS AN INDIVIDUAL) you intend to call at trial; a description of physical evidence you intend to offer; and a description and copies of documentary evidence you intend to offer or, if the documents are not available to you, a description of them. Witnesses and evidence that will be used only for impeachment need not be included. YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS, OR INTRODUCE ANY EVIDENCE, NOT INCLUDED IN THE STATEMENT SERVED IN RESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE PROVIDED BY LAW.
§ 96.Request for disclosure of witnesses and evidence; Service; Response
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 96 lets a party in a limited civil case demand a statement of the witnesses and evidence the opponent plans to use at trial, sets strict deadlines for serving the request and response, and bars later additions absent stipulation or a court order for good cause.
Full Text of § 96
(b) The request shall be served no more than 45 days or less than 30 days prior to the date first set for trial, unless otherwise ordered.
(c) A statement responding to the request shall be served within 20 days from the service of the request.
(d) No additional, amended or late statement is permitted except by written stipulation or unless ordered for good cause on noticed motion.
(e) No request or statement served under this section shall be filed, unless otherwise ordered.
(f) The clerk shall furnish forms for requests under this rule.
(g) The time for performing acts required under this section shall be computed as provided by law, including Section 1013.
Plain-English Summary
Trial by ambush is exactly what § 96 is built to prevent in a limited civil case. Either side can serve a request demanding a statement of the witnesses and evidence the other intends to use at trial.
The statement has to name and give addresses for witnesses other than an individual party, describe the physical evidence to be offered, and describe — and where possible attach copies of — the documents involved; evidence used only to impeach a witness doesn’t need to be listed. Timing is fixed: the request must go out no more than 45 and no fewer than 30 days before the trial date first set, and the response is due 20 days after that. Once served, the statement generally locks in place — no new, amended, or late statement is allowed except by written stipulation or a court order for good cause on noticed motion.
Neither the request nor the response gets filed with the court unless a judge orders it, and the clerk furnishes the standard form both sides use.
Frequently Asked Questions
How far before trial must a witness-and-evidence request be served in a limited civil case?
Section 96 requires it to be served no more than 45 days and no fewer than 30 days before the date first set for trial, unless the court orders otherwise.
How long does a party have to respond to a § 96 request?
20 days from service of the request, under § 96(c).
Can a party add a witness to its statement after it’s served?
Only by written stipulation or a court order for good cause on noticed motion — § 96(d) otherwise bars additional, amended, or late statements.
Do I need to list witnesses I’ll only use to contradict the other side’s testimony?
No. Section 96 exempts witnesses and evidence used solely for impeachment from the disclosure requirement.
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: witness list limited civil case californiatrial statement of witnesses and evidence californiacase questionnaire vs witness list