California Code of Civil Procedure
Section 2024
2024. (a) Except as otherwise provided in this section, any party
shall be entitled as a matter of right to complete discovery
proceedings on or before the 30th day, and to have motions concerning
discovery heard on or before the 15th day, before the date initially
set for the trial of the action. If either of these dates falls on
a Saturday, Sunday, or holiday as specified in Section 10, the last
day shall be the next successive court day. As used in this section,
discovery is considered completed on the day a response is due or on
the day a deposition begins. Except as provided in subdivision (e),
a continuance or postponement of the trial date does not operate to
reopen discovery proceedings.
(b) The time limit on completing discovery in an action to be
arbitrated under Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 is subject to Judicial Council Rule. After an
award in a case ordered to judicial arbitration, completion of
discovery is limited by Section 1141.24.
(c) This section does not apply to (1) summary proceedings for
obtaining possession of real property governed by Chapter 4
(commencing with Section 1159) of Title 3 of Part 3, in which
discovery shall be completed on or before the fifth day before the
date set for trial except as provided in subdivisions (e) and (f), or
(2) eminent domain proceedings governed by Title 7 (commencing with
Section 1230.010) of Part 3.
(d) Any party shall be entitled as a matter of right to complete
discovery proceedings pertaining to a witness identified under
Section 2034 on or before the 15th day, and to have motions
concerning that discovery heard on or before the 10th day, before the
date initially set for the trial of the action.
(e) On motion of any party, the court may grant leave to complete
discovery proceedings, or to have a motion concerning discovery
heard, closer to the initial trial date, or to reopen discovery after
a new trial date has been set. This motion shall be accompanied by
a declaration stating facts showing a reasonable and good faith
attempt at an informal resolution of each issue presented by the
motion.
In exercising its discretion to grant or deny this motion, the
court shall take into consideration any matter relevant to the leave
requested, including, but not limited to, the following:
(1) The necessity and the reasons for the discovery.
(2) The diligence or lack of diligence of the party seeking the
discovery or the hearing of a discovery motion, and the reasons that
the discovery was not completed or that the discovery motion was not
heard earlier.
(3) Any likelihood that permitting the discovery or hearing the
discovery motion will prevent the case from going to trial on the
date set, or otherwise interfere with the trial calendar, or result
in prejudice to any other party.
(4) The length of time that has elapsed between any date
previously set, and the date presently set, for the trial of the
action.
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to extend or to reopen discovery, unless it finds
that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of the
sanction unjust.
(f) Parties to the action may, with the consent of any party
affected by it, enter into an agreement to extend the time for the
completion of discovery proceedings or for the hearing of motions
concerning discovery, or to reopen discovery after a new date for
trial of the action has been set. This agreement may be informal,
but it shall be confirmed in a writing that specifies the extended
date. In no event shall this agreement require a court to grant a
continuance or postponement of the trial of the action.
(g) When the last day to perform or complete any act provided for
in this article falls on a Saturday, Sunday, or holiday as specified
in Section 10, the time limit is extended until the next day that is
not a Saturday, Sunday, or holiday.
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