California § 2036.040. 2036.040. (Added by Stats. 2004, Ch. 182, Sec. 23.)

California Statutes

§ 2036.040. — 2036.040. (Added by Stats. 2004, Ch. 182, Sec. 23.)

California § 2036.040.

JurisdictionCalifornia

Code CCPCode of Civil Procedure - CCP

Title4.

Part 4.TITLE 4. CIVIL DISCOVERY ACT

Ch. 20.CHAPTER 20. Perpetuation of Testimony or Preservation of Information Pending Appeal

This text of California § 2036.040. (2036.040. (Added by Stats. 2004, Ch. 182, Sec. 23.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Code of Civil Procedure - CCP Code § 2036.040. (2026).

Text

(a)If the court determines that all or part of the discovery requested under this chapter may prevent a failure or delay of justice in the event of further proceedings in the action in that court, it shall make an order authorizing that discovery.

(b)The order shall identify any witness whose deposition may be taken, and any documents, things, or places that may be inspected, and any person whose physical or mental condition may be examined.

(c)Any authorized depositions, inspections, and physical and mental examinations shall then be conducted in accordance with the provisions of this title relating to these methods of discovery in a pending action.

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(a)
If the court determines that all or part of the discovery requested under this chapter may prevent a failure or delay of justice in the event of further proceedings in the action in that court, it shall make an order authorizing that discovery.
(b)
The order shall identify any witness whose deposition may be taken, and any documents, things, or places that may be inspected, and any person whose physical or mental condition may be examined.
(c)
Any authorized depositions, inspections, and physical and mental examinations shall then be conducted in accordance with the provisions of this title relating to these methods of discovery in a pending action.