What Are the New Mandatory Initial Disclosure Requirements in California Civil Cases?

As of January 1, 2024, California litigants must comply with new mandatory initial disclosure requirements for civil cases, outlined in California Code of Civil Procedure section 2016.090. This requirement applies to civil actions unless modified by mutual agreement and will remain in effect until January 1, 2027, unless extended by legislation.

What Information Must Be Disclosed?

Witness Disclosures

Both parties are required to provide witness information within 60 days of a request for mandatory disclosure. This includes:

• The names of witnesses with relevant information for claims or defenses (excluding impeachment witnesses, experts, or consultants).
• Full contact details for each witness, such as phone numbers, addresses, and email addresses.

Document Disclosures

Parties must disclose all relevant documents, electronically stored information, and tangible items that support their claims or defenses. This includes:

• Any contractual agreements and insurance policies that could be used to satisfy a judgment or provide indemnification.
• Documents relevant to coverage disputes with insurance carriers.

What Are the Disclosure Obligations?

Parties are required to make initial disclosures based on the information available to them, even if:

• They have not fully investigated the case.
• They question the adequacy of another party’s disclosures.
• Another party has not made their disclosures.

These obligations can be enforced by the court or by motion to compel disclosure. The disclosures must be confirmed in writing by the party, their authorized representative, or their attorney.

Can Additional Information Be Requested After Initial Disclosures?

Yes, initial disclosures do not prevent further discovery. A party may make supplemental requests twice before trial setting and once after. The court may allow an additional supplemental demand if good cause is shown.

Are There Exceptions to Mandatory Disclosures?

This section does not apply to:

• Unlawful detainer actions.
• Small claims actions.
• Actions under the Family Code or Probate Code.
• Actions where a party is granted preference under Section 36.
• Parties without legal representation.

Stay Compliant with New Disclosure Rules

These new mandatory initial disclosure requirements in California civil cases ensure transparency and efficiency in litigation. At TONG LAW, our civil litigation attorneys can help you navigate these requirements and ensure full compliance in your legal proceedings.