reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1986.1.

1986.1. (a) No testimony or other evidence given by a journalist under subpoena in a civil or criminal proceeding may be construed as a waiver of the immunity rights provided by subdivision (b) of Section 2 of Article I of the California Constitution.
(b) (1) Because important constitutional rights of a third-party witness are adjudicated when rights under subdivision (b) of Section 2 of Article I of the California Constitution are asserted, except in circumstances that pose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harm, a journalist who is subpoenaed in any civil or criminal proceeding shall be given at least five days’ notice by the party issuing the subpoena that his or her appearance will be required.
(2) To protect against the inadvertent disclosure by a third party of information protected by Section 2 of Article I of the California Constitution, a party issuing a subpoena in any civil or criminal proceeding to a third party that seeks the records of a journalist shall, except in circumstances that pose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harm, provide notice of the subpoena to the journalist and the publisher of the newspaper, magazine, or other publication or station operations manager of the broadcast station that employs or contracts with the journalist, as applicable, at least five days prior to issuing the subpoena. The party issuing the subpoena shall include in the notice, at a minimum, an explanation of why the requested records will be of material assistance to the party seeking them and why alternate sources of information are not sufficient to avoid the need for the subpoena.
(c) If a trial court holds a journalist in contempt of court in a criminal proceeding notwithstanding subdivision (b) of Section 2 of Article I of the California Constitution, the court shall set forth findings, either in writing or on the record, stating at a minimum, why the information will be of material assistance to the party seeking the evidence, and why alternate sources of the information are not sufficient to satisfy the defendant’s right to a fair trial under the Sixth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution.
(d) As used in this section, “journalist” means the persons specified in subdivision (b) of Section 2 of Article I of the California Constitution.
(Amended by Stats. 2013, Ch. 519, Sec. 1. (SB 558) Effective January 1, 2014.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1986.5.

1986.5. Any person who is subpoenaed and required to give a deposition shall be entitled to receive the same witness fees and mileage as if the subpoena required him or her to attend and testify before a court in which the action or proceeding is pending. Notwithstanding this requirement, the only fees owed to a witness who is required to produce business records under Section 1560 of the Evidence Code pursuant to a subpoena duces tecum, but who is not required to personally attend a deposition away from his or her place of business, shall be those prescribed in Section 1563 of the Evidence Code.
(Amended by Stats. 1986, Ch. 603, Sec. 4.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1987.1.

1987.1. (a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court’s own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.
(b) The following persons may make a motion pursuant to subdivision (a):
(1) A party.
(2) A witness.
(3) A consumer described in Section 1985.3.
(4) An employee described in Section 1985.6.
(5) A person whose personally identifying information, as defined in subdivision (b) of Section 1798.79.8 of the Civil Code, is sought in connection with an underlying action involving that person’s exercise of free speech rights.
(c) Nothing in this section shall require any person to move to quash, modify, or condition any subpoena duces tecum of personal records of any consumer served under paragraph (1) of subdivision (b) of Section 1985.3 or employment records of any employee served under paragraph (1) of subdivision (b) of Section 1985.6.
(Amended by Stats. 2012, Ch. 72, Sec. 6. (SB 1574) Effective January 1, 2013.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1987.2.

1987.2. (a) Except as specified in subdivision (c), in making an order pursuant to motion made under subdivision (c) of Section 1987 or under Section 1987.1, the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney’s fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive.
(b) (1) Notwithstanding subdivision (a), absent exceptional circumstances, the court shall not impose sanctions on a subpoenaed person or the attorney of a subpoenaed person for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system.
(2) This subdivision shall not be construed to alter any obligation to preserve discoverable information.
(c) If a motion is filed under Section 1987.1 for an order to quash or modify a subpoena from a court of this state for personally identifying information, as defined in subdivision (b) of Section 1798.79.8 of the Civil Code, for use in an action pending in another state, territory, or district of the United States, or in a foreign nation, and that subpoena has been served on any Internet service provider, or on the provider of any other interactive computer service, as defined in Section 230(f)(2) of Title 47 of the United States Code, if the moving party prevails, and if the underlying action arises from the moving party’s exercise of free speech rights on the Internet and the respondent has failed to make a prima facie showing of a cause of action, the court shall award the amount of the reasonable expenses incurred in making the motion, including reasonable attorney’s fees.
(Amended by Stats. 2012, Ch. 72, Sec. 7. (SB 1574) Effective January 1, 2013.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1987.3.

1987.3. When a subpoena duces tecum is served upon a custodian of records or other qualified witness as provided in Article 4 (commencing with Section 1560) of Chapter 2 of Division 11 of the Evidence Code, and his personal attendance is not required by the terms of the subpoena, Section 1989 shall not apply.
(Added by Stats. 1970, Ch. 590.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1987.5.

1987.5. The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena is based is served on the person served with the subpoena. In the case of a subpoena duces tecum which requires appearance and the production of matters and things at the taking of a deposition, the subpoena shall not be valid unless a copy of the affidavit upon which the subpoena is based and the designation of the materials to be produced, as set forth in the subpoena, is attached to the notice of taking the deposition served upon each party or its attorney as provided in Chapter 3 (commencing with Section 2002) and in Title 4 (commencing with Section 2016.010). If matters and things are produced pursuant to a subpoena duces tecum in violation of this section, any other party to the action may file a motion for, and the court may grant, an order providing appropriate relief, including, but not limited to, exclusion of the evidence affected by the violation, a retaking of the deposition notwithstanding any other limitation on discovery proceedings, or a continuance. The party causing the subpoena to be served shall retain the original affidavit until final judgment in the action, and shall file the affidavit with the court only upon reasonable request by any party or witness affected thereby. This section does not apply to deposition subpoenas commanding only the production of business records for copying under Article 4 (commencing with Section 2020.410) of Chapter 6 of Title 4.
(Amended by Stats. 2004, Ch. 182, Sec. 20. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1988.

1988. If a witness is concealed in a building or vessel, so as to prevent the service of subpoena upon him, any Court or Judge, or any officer issuing the subpoena, may, upon proof by affidavit of the concealment, and of the materiality of the witness, make an order that the Sheriff of the county serve the subpoena; and the Sheriff must serve it accordingly, and for that purpose may break into the building or vessel where the witness is concealed.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1989.

1989. A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness before any court, judge, justice or any other officer, unless the witness is a resident within the state at the time of service.
(Amended by Stats. 1981, Ch. 184, Sec. 3.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1990.

1990. A person present in Court, or before a judicial officer, may be required to testify in the same manner as if he were in attendance upon a subpoena issued by such Court or officer.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1991.1.

1991.1. Disobedience to a subpoena requiring attendance of a witness before an officer out of court in a deposition taken pursuant to Title 4 (commencing with Section 2016.010), or refusal to be sworn as a witness at that deposition, may be punished as contempt, as provided in subdivision (e) of Section 2023.030, without the necessity of a prior order of court directing compliance by the witness.
(Amended by Stats. 2004, Ch. 182, Sec. 21. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1991.2.

1991.2. The provisions of Section 1991 do not apply to any act or omission occurring in a deposition taken pursuant to Title 4 (commencing with Section 2016.010). The provisions of Chapter 7 (commencing with Section 2023.010) of Title 4 are exclusively applicable.
(Amended by Stats. 2005, Ch. 294, Sec. 6. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1992.

1992. A person failing to appear pursuant to a subpoena or a court order also forfeits to the party aggrieved the sum of five hundred dollars ($500), and all damages that he or she may sustain by the failure of the person to appear pursuant to the subpoena or court order, which forfeiture and damages may be recovered in a civil action.
(Amended by Stats. 2005, Ch. 474, Sec. 1. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1993.

1993. (a) (1) As an alternative to issuing a warrant for contempt pursuant to paragraph (5) or (9) of subdivision (a) of Section 1209, the court may issue a warrant for the arrest of a witness who failed to appear pursuant to a subpoena or a person who failed to appear pursuant to a court order. The court, upon proof of the service of the subpoena or order, may issue a warrant to the sheriff of the county in which the witness or person may be located and the sheriff shall, upon payment of fees as provided in Section 26744.5 of the Government Code, arrest the witness or person and bring him or her before the court.
(2) Before issuing a warrant for a failure to appear pursuant to a subpoena pursuant to this section, the court shall issue a “failure to appear” notice informing the person subject to the subpoena that a failure to appear in response to the notice may result in the issuance of a warrant. This notice requirement may be omitted only upon a showing that the appearance of the person subject to the subpoena is material to the case and that urgency dictates the person’s immediate appearance.
(b) The warrant shall contain all of the following:
(1) The title and case number of the action.
(2) The name and physical description of the person to be arrested.
(3) The last known address of the person to be arrested.
(4) The date of issuance and county in which it is issued.
(5) The signature or name of the judicial officer issuing the warrant, the title of his or her office, and the name of the court.
(6) A command to arrest the person for failing to appear pursuant to the subpoena or court order, and specifying the date of service of the subpoena or court order.
(7) A command to bring the person to be arrested before the issuing court, or the nearest court if in session, for the setting of bail in the amount of the warrant or to release on the person’s own recognizance. Any person so arrested shall be released from custody if he or she cannot be brought before the court within 12 hours of arrest, and the person shall not be arrested if the court will not be in session during the 12-hour period following the arrest.
(8) A statement indicating the expiration date of the warrant as determined by the court.
(9) The amount of bail.
(10) An endorsement for nighttime service if good cause is shown, as provided in Section 840 of the Penal Code.
(11) A statement indicating whether the person may be released upon a promise to appear, as provided by Section 1993.1. The court shall permit release upon a promise to appear, unless it makes a written finding that the urgency and materiality of the person’s appearance in court precludes use of the promise to appear process.
(12) The date and time to appear in court if arrested and released pursuant to paragraph (11).
(Amended by Stats. 2010, Ch. 680, Sec. 15. (AB 2394) Effective January 1, 2011.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1993.1.

1993.1. (a) If authorized by the court as provided by paragraph (11) of subdivision (b) of Section 1993, the sheriff may release the person arrested upon his or her promise to appear as provided in this section.
(b) The sheriff shall prepare in duplicate a written notice to appear in court, containing the title of the case, case number, name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. In addition, the notice shall advise the person arrested of the provisions of Section 1992.
(c) The date and time specified in the notice to appear in court shall be that determined by the issuing court pursuant to paragraph (12) of subdivision (b) of Section 1993.
(d) The sheriff shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice, which shall be retained by the sheriff, and the sheriff may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e) The sheriff shall, as soon as practicable, file the original notice with the issuing court. The notice may be electronically transmitted to the court.
(f) The person arrested shall be released unless one of the following is a reason for nonrelease, in which case the arresting officer either may release the person or shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:
(1) The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
(2) The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety.
(3) There were one or more additional outstanding arrest warrants for the person.
(4) The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(Added by Stats. 2005, Ch. 474, Sec. 4. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1993.2.

1993.2. If a person arrested on a civil bench warrant issued pursuant to Section 1993 fails to appear after being released on a promise to appear, the court may issue another warrant to bring the person before the court or assess a civil assessment in the amount of not more than one thousand dollars ($1,000), which shall be collected as follows:
(a) The assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the person by first-class mail to the address shown on the promise to appear or to the person’s last known address. If the person appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine, the court shall vacate the assessment.
(b) The assessment imposed under subdivision (a) may be enforced in the same manner as a money judgment in a limited civil case, and shall be subject to the due process requirements governing defense of actions and collection of civil money judgments generally.
(Added by Stats. 2005, Ch. 474, Sec. 5. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1994.

1994. Every warrant of commitment, issued by a court or officer pursuant to this chapter, shall specify therein, particularly, the cause of the commitment, and if it be for refusing to answer a question, that question shall be stated in the warrant.
(Amended by Stats. 2005, Ch. 474, Sec. 6. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1995.

1995. If the witness be a prisoner, confined in a jail within this state, an order for his examination in the jail upon deposition, or for his temporary removal and production before a court or officer may be made as follows:
1. By the court itself in which the action or special proceeding is pending, unless it be a small claims court.
2. By a justice of the Supreme Court, or a judge of the superior court of the county where the action or proceeding is pending, if pending before a small claims court, or before a judge or other person out of court.
(Amended by Stats. 1977, Ch. 1257.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1996.

1996. Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1997.

1997. If the witness be imprisoned in a jail in the county where the action or proceeding is pending, his production may be required. In all other cases his examination, when allowed, must be taken upon deposition.
(Amended by Stats. 1941, Ch. 802.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 1 - Mode of Taking the Testimony of Witnesses › Section 2002.

2002. The testimony of witnesses is taken in three modes:
1. By affidavit;
2. By deposition;
3. By oral examination.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 1 - Mode of Taking the Testimony of Witnesses › Section 2003.

2003. An affidavit is a written declaration under oath, made without notice to the adverse party.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 1 - Mode of Taking the Testimony of Witnesses › Section 2004.

2004. A deposition is a written declaration, under oath, made upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine. In all actions and proceedings where the default of the defendant has been duly entered, and in all proceedings to obtain letters of administration, or for the probate of wills and the issuance of letters testamentary thereon, where, after due and legal notice, those entitled to contest the application have failed to appear, the entry of said defaults, and the failure of said persons to appear after notice, shall be deemed to be a waiver of the right to any further notice of any application or proceeding to take testimony by deposition in such action or proceeding.
(Amended by Stats. 1907, Ch. 527.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 1 - Mode of Taking the Testimony of Witnesses › Section 2005.

2005. An oral examination is an examination in presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 2 - Affidavits › Section 2009.

2009. An affidavit may be used to verify a pleading or a paper in a special proceeding, to prove the service of a summons, notice, or other paper in an action or special proceeding, to obtain a provisional remedy, the examination of a witness, or a stay of proceedings, and in uncontested proceedings to establish a record of birth, or upon a motion, and in any other case expressly permitted by statute.
(Amended by Stats. 1965, Ch. 299.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 2 - Affidavits › Section 2010.

2010. Evidence of the publication of a document or notice required by law, or by an order of a Court or Judge, to be published in a newspaper, may be given by the affidavit of the printer of the newspaper, or his foreman or principal clerk, annexed to a copy of the document or notice, specifying the times when, and the paper in which, the publication was made.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 2 - Affidavits › Section [2011.].

[2011.] Section Two Thousand and Eleven. If such affidavit be made in an action or special proceeding pending in a Court, it may be filed with the Court or a Clerk thereof. If not so made, it may be filed with the Clerk of the county where the newspaper is printed. In either case the original affidavit, or a copy thereof, certified by the Judge of the Court or Clerk having it in custody, is prima facie evidence of the facts stated therein.
(Amended by Code Amendments 1873-74, Ch. 383.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 2 - Affidavits › Section 2012.

2012. An affidavit to be used before any court, judge, or officer of this state may be taken before any officer authorized to administer oaths.
(Amended by Stats. 1907, Ch. 393.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 2 - Affidavits › Section [2013.].

[2013.] Section Two Thousand and Thirteen. An affidavit taken in another State of the United States, to be used in this State, may be taken before a Commissioner appointed by the Governor of this State to take affidavits and depositions in such other State, or before any Notary Public in another State, or before any Judge or Clerk of a Court of record having a seal.
(Amended by Code Amendments 1873-74, Ch. 383.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 2 - Affidavits › Section [2014.].

[2014.] Section Two Thousand and Fourteen. An affidavit taken in a foreign country to be used in this State, may be taken before an Embassador, Minister, Consul, Vice Consul, or Consular Agent of the United States, or before any Judge of a Court of record having a seal in such foreign country.
(Amended by Code Amendments 1873-74, Ch. 383.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 2 - Affidavits › Section 2015.

2015. When an affidavit is taken before a Judge or a Court in another State, or in a foreign country, the genuineness of the signature of the Judge, the existence of the Court, and the fact that such Judge is a member thereof, must be certified by the Clerk of the Court, under the seal thereof.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 2 - Affidavits › Section 2015.3.

2015.3. The certificate of a sheriff, marshal, or the clerk of the superior court, has the same force and effect as his or her affidavit.
(Amended by Stats. 2002, Ch. 784, Sec. 88. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 2 - Affidavits › Section 2015.5.

2015.5. Whenever, under any law of this state or under any rule, regulation, order or requirement made pursuant to the law of this state, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may with like force and effect be supported, evidenced, established or proved by the unsworn statement, declaration, verification, or certificate, in writing of such person which recites that it is certified or declared by him or her to be true under penalty of perjury, is subscribed by him or her, and (1), if executed within this state, states the date and place of execution, or (2), if executed at any place, within or without this state, states the date of execution and that it is so certified or declared under the laws of the State of California. The certification or declaration may be in substantially the following form:
(a) If executed within this state:
“I certify (or declare) under penalty of perjury that the foregoing is true and correct”:
_____________ _________
(Date and Place)(Signature)
(b) If executed at any place, within or without this state:
“I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct”:
_____________ _________
(Date)(Signature)
(Amended by Stats. 1980, Ch. 889, Sec. 1. Operative July 1, 1981, by Sec. 6 of Ch. 889.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 3 - Manner of Production › ARTICLE 2 - Affidavits › Section 2015.6.

2015.6. Whenever, under any law of this State or under any rule, regulation, order or requirement made pursuant to law, an oath is required to be taken by a person appointed to discharge specific duties in a particular action, proceeding or matter, whether or not pending in court, including but not limited to a person appointed as executor, administrator, guardian, conservator, appraiser, receiver, or elisor, an unsworn written affirmation may be made and executed, in lieu of such oath. Such affirmation shall commence “I solemnly affirm,” shall state the substance of the other matter required by the oath, the date and place of execution and shall be subscribed by him.
(Added by Stats. 1961, Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 1 - General Provisions › Section 2016.010.

2016.010. This title may be cited as the “Civil Discovery Act.”
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 1 - General Provisions › Section 2016.020.

2016.020. As used in this title:
(a) “Action” includes a civil action and a special proceeding of a civil nature.
(b) “Court” means the trial court in which the action is pending, unless otherwise specified.
(c) “Document” and “writing” mean a writing, as defined in Section 250 of the Evidence Code.
(d) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(e) “Electronically stored information” means information that is stored in an electronic medium.
(Amended by Stats. 2009, Ch. 5, Sec. 3. Effective June 29, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 1 - General Provisions › Section 2016.030.

2016.030. Unless the court orders otherwise, the parties may by written stipulation modify the procedures provided by this title for any method of discovery permitted under Section 2019.010.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 1 - General Provisions › Section 2016.040.

2016.040. A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 1 - General Provisions › Section 2016.050.

2016.050. Sections 1011 and 1013 apply to any method of discovery or service of a motion provided for in this title.
(Amended by Stats. 2017, Ch. 64, Sec. 2. (SB 543) Effective January 1, 2018.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 1 - General Provisions › Section 2016.060.

2016.060. When the last day to perform or complete any act provided for in this title falls on a Saturday, Sunday, or holiday as specified in Section 10, the time limit is extended until the next court day closer to the trial date.
(Added by Stats. 2004, Ch. 182, Sec. 23.5. Effective January 1, 2005. Operative July 1, 2005, by Secs. 62 and 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 1 - General Provisions › Section 2016.070.

2016.070. This title applies to discovery in aid of enforcement of a money judgment only to the extent provided in Article 1 (commencing with Section 708.010) of Chapter 6 of Title 9 of Part 2.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 2 - Scope of Discovery › ARTICLE 1 - General Provisions › Section 2017.010.

2017.010. Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property.
(Amended by Stats. 2012, Ch. 72, Sec. 8. (SB 1574) Effective January 1, 2013.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 2 - Scope of Discovery › ARTICLE 1 - General Provisions › Section 2017.020.

2017.020. (a) The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(b) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, 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.
(c) (1) Notwithstanding subdivision (b), or any other section of this title, absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system.
(2) This subdivision shall not be construed to alter any obligation to preserve discoverable information.
(Amended by Stats. 2012, Ch. 72, Sec. 9. (SB 1574) Effective January 1, 2013.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 2 - Scope of Discovery › ARTICLE 2 - Scope of Discovery in Specific Contexts › Section 2017.210.

2017.210. A party may obtain discovery of the existence and contents of any agreement under which any insurance carrier may be liable to satisfy in whole or in part a judgment that may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. This discovery may include the identity of the carrier and the nature and limits of the coverage. A party may also obtain discovery as to whether that insurance carrier is disputing the agreement’s coverage of the claim involved in the action, but not as to the nature and substance of that dispute. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 2 - Scope of Discovery › ARTICLE 2 - Scope of Discovery in Specific Contexts › Section 2017.220.

2017.220. (a) In any civil action alleging conduct that constitutes sexual harassment, sexual assault, or sexual battery, any party seeking discovery concerning the plaintiff’s sexual conduct with individuals other than the alleged perpetrator shall establish specific facts showing that there is good cause for that discovery, and that the matter sought to be discovered is relevant to the subject matter of the action and reasonably calculated to lead to the discovery of admissible evidence. This showing shall be made by a noticed motion, accompanied by a meet and confer declaration under Section 2016.040, and shall not be made or considered by the court at an ex parte hearing.
(b) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for discovery under subdivision (a), 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.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 2 - Scope of Discovery › ARTICLE 3 - Violation of the Elder Abuse and Dependent Adult Civil Protection Act › Section 2017.310.

2017.310. (a) Notwithstanding any other provision of law, it is the policy of the State of California that confidential settlement agreements are disfavored in any civil action the factual foundation for which establishes a cause of action for a violation of the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11(commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code).
(b) Provisions of a confidential settlement agreement described in subdivision (a) may not be recognized or enforced by the court absent a showing of any of the following:
(1) The information is privileged under existing law.
(2) The information is not evidence of abuse of an elder or dependent adult, as described in Sections 15610.30, 15610.57, and 15610.63 of the Welfare and Institutions Code.
(3) The party seeking to uphold the confidentiality of the information has demonstrated that there is a substantial probability that prejudice will result from the disclosure and that the party’s interest in the information cannot be adequately protected through redaction.
(c) Nothing in paragraph (1), (2), or (3) of subdivision (b) permits the sealing or redacting of a defendant’s name in any information made available to the public.
(d) Except as expressly provided in this section, nothing in this section is intended to alter, modify, or amend existing law.
(e) Nothing in this section may be deemed to prohibit the entry or enforcement of that part of a confidentiality agreement, settlement agreement, or stipulated agreement between the parties that requires the nondisclosure of the amount of any money paid in a settlement of a claim.
(f) Nothing in this section applies to or affects an action for professional negligence against a health care provider.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 4 - Attorney Work Product › Section 2018.010.

2018.010. For purposes of this chapter, “client” means a “client” as defined in Section 951 of the Evidence Code.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 4 - Attorney Work Product › Section 2018.020.

2018.020. It is the policy of the state to do both of the following:
(a) Preserve the rights of attorneys to prepare cases for trial with that degree of privacy necessary to encourage them to prepare their cases thoroughly and to investigate not only the favorable but the unfavorable aspects of those cases.
(b) Prevent attorneys from taking undue advantage of their adversary’s industry and efforts.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 4 - Attorney Work Product › Section 2018.030.

2018.030. (a) A writing that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances.
(b) The work product of an attorney, other than a writing described in subdivision (a), is not discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing that party’s claim or defense or will result in an injustice.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 4 - Attorney Work Product › Section 2018.040.

2018.040. This chapter is intended to be a restatement of existing law relating to protection of work product. It is not intended to expand or reduce the extent to which work product is discoverable under existing law in any action.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 4 - Attorney Work Product › Section 2018.050.

2018.050. Notwithstanding Section 2018.040, when a lawyer is suspected of knowingly participating in a crime or fraud, there is no protection of work product under this chapter in any official investigation by a law enforcement agency or proceeding or action brought by a public prosecutor in the name of the people of the State of California if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or fraud.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 4 - Attorney Work Product › Section 2018.060.

2018.060. Nothing in this chapter is intended to limit an attorney’s ability to request an in camera hearing as provided for in People v. Superior Court (Laff) (2001) 25 Cal.4th 703.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 4 - Attorney Work Product › Section 2018.070.

2018.070. (a) The State Bar may discover the work product of an attorney against whom disciplinary charges are pending when it is relevant to issues of breach of duty by the lawyer and requisite client approval has been granted.
(b) Where requested and for good cause, discovery under this section shall be subject to a protective order to ensure the confidentiality of the work product except for its use by the State Bar in disciplinary investigations and its consideration under seal in State Bar Court proceedings.
(c) For purposes of this chapter, whenever a client has initiated a complaint against an attorney, the requisite client approval shall be deemed to have been granted.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 4 - Attorney Work Product › Section 2018.080.

2018.080. In an action between an attorney and a client or a former client of the attorney, no work product privilege under this chapter exists if the work product is relevant to an issue of breach by the attorney of a duty to the client arising out of the attorney-client relationship.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 4 - CIVIL DISCOVERY ACT › CHAPTER 5 - Methods and Sequence of Discovery › ARTICLE 1 - General Provisions › Section 2019.010.

2019.010. Any party may obtain discovery by one or more of the following methods:
(a) Oral and written depositions.
(b) Interrogatories to a party.
(c) Inspections of documents, things, and places.
(d) Physical and mental examinations.
(e) Requests for admissions.
(f) Simultaneous exchanges of expert trial witness information.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)