California CodesCode of Civil Procedure - CCPPart 1 — Of Courts of JusticeTitle 1 — Organization and JurisdictionChapter 5.1 — Limited Civil CasesArticle 2 — Economic Litigation for Limited Civil CasesSection 95

(a) The court may, on noticed motion and subject to such terms and conditions as are just, authorize a party to conduct additional discovery, but only upon a showing that the moving party will be unable to prosecute or defend the action effectively without the additional discovery. In making a determination under this section, the court shall take into account whether the moving party has used all applicable discovery in good faith, and whether the party has attempted to secure the additional discovery by stipulation or by means other than formal discovery.

(b) The parties may stipulate to additional discovery.

Notes

Allows a court, on noticed motion and just conditions, to authorize additional discovery only if the movant shows effective prosecution or defense is otherwise impossible. The court must consider good-faith use of available discovery and attempts to obtain more by stipulation or nonformal means; parties may also stipulate to additional discovery without the stated motion showing.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 95 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-1/title-1/chapter-5-1/article-2/section-95

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