Litigation Discovery 

Decoding Discovery Deadlines: A Guide to California's Litigation Timeline

In civil litigation, discovery isn't just a phase—it's the battlefield where cases are often won or lost before trial. Miss a deadline, and you risk evidentiary exclusion or sanctions that can torpedo your strategy. Our visual chart, "Litigation Discovery (CA)," provides a streamlined timeline to navigate this maze. Below, we'll break it down with statutory foundations, practical tips, and a dash of cautionary wit—because in court, timing is everything, and "close enough" rarely cuts it.

Kickoff: When Discovery Begins

Discovery launches the moment the complaint is served, or upon the defendant's appearance, whichever comes first. Cal. Code Civ. Proc. § 2016.010. Think of it as the starting gun: plaintiffs get a slight head start, but defendants can fire back immediately.

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For written discovery—special interrogatories (SIs or "rogs"), requests for production (RFPs), requests for admissions (RFAs), and form interrogatories (FROGs)—plaintiffs must wait 10 days post-service before serving. "The propounding party may propound interrogatories to a party to the action without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first." Cal. Code Civ. Proc. § 2030.020(a). Defendants don't have such restraint—they can serve anytime after service. Id. § 2030.020(b). Same rules apply to RFPs and RFAs. Cal. Code Civ. Proc. §§ 2031.020, 2033.020 

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Oral discovery, via depositions, gives plaintiffs a 20-day buffer: "A plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant." Cal. Code Civ. Proc. § 2025.210(a). Defendants again play catch-up, serving notices anytime. Id. § 2025.210(b). Notice must precede the depo by at least 10 days (plus mail time). Cal. Code Civ. Proc. § 2025.270(a). Pro tip: Calendar these early; extensions aren't guaranteed.

Party vs. Non-Party: The Discovery Divide

The chart splits discovery into party and non-party tracks, a crucial distinction. Party discovery targets opponents directly—SIs, RFPs, RFAs, FROGs, and depos for insiders. Non-party receive subpoenas, compelling third-party docs or testimony. Subpoenas for production mirror party RFPs but require personal service and reasonable time (often 20 days minimum). Cal. Code Civ. Proc. § 2020.410. For non-party depos, add 20 days to the notice if subpoenaed. Cal. Code Civ. Proc. § 2025.270(c). Witty aside: Non-parties are like reluctant guests—invite them politely, or face quash motions that waste everyone's time.

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Motions to compel (MTC) enforce compliance: File within 45 days of verified responses (or non-response). "Any motion under this title shall be heard at least 15 days before the initial trial date, and any motion to compel further responses to discovery shall be filed within 45 days of service of the verified response." Cal. Code Civ. Proc. § 2030.300(c) (interrogatories; similar for others). Hearings must wrap 15 days pre-trial. 

The Expert Realm: Late-Game Precision

Expert discovery ramps up closer to trial, as the chart highlights in blue. Start with a demand for exchange: Serve it "no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date." Cal. Code Civ. Proc. § 2034.220. This triggers simultaneous disclosures 50 days pre-trial (or 20 days post-demand, whichever's later). Cal. Code Civ. Proc. § 2034.230(b).

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Disclosures include expert lists, qualifications, and reports. Rebuttals follow. Cal. Code Civ. Proc. § 2034.280. Expert depos are scheduled post-disclosure, but completed by 15 days before trial. "All discovery proceedings concerning expert witnesses under this chapter shall be completed on or before the 15th day before the date initially set for the trial of the action." Cal. Code Civ. Proc. § 2034.030 (actually § 2024.030 for experts). Trial declarations follow.

Cutoffs: The Hard Stop

Non-expert discovery slams shut 30 days before trial: "Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings." Cal. Code Civ. Proc. § 2024.020(a). Motions heard by the 15th day pre-trial. Experts get 15 days. Id. § 2024.030. Trial continuances don't automatically reopen—beg for relief via motion, showing good cause. Cal. Code Civ. Proc. § 2024.050.