Initial disclosures in California lawsuits are here to stay
In civil cases filed since 2024, any party can demand initial disclosures within 60 days, and discovery misconduct carries a mandatory $1,000 sanction. The rule is now permanent.
Reviewed by Laurence S. Bezinover · Published
What changed
In most civil cases filed on or after January 1, 2024, any party may demand initial disclosures, and every party must provide them within 60 days (Code Civ. Proc. § 2016.090). Disclosures include the people likely to have relevant information, documents and electronically stored information, and insurance or indemnity agreements that may cover a judgment. A 2025 law removed the rule's January 1, 2027 sunset, so it is permanent.
Courts must also impose a $1,000 sanction for failing to respond to document requests in good faith, producing documents within seven days before a motion to compel is heard, or failing to meet and confer in good faith, unless the court finds the conduct was justified (Code Civ. Proc. § 2023.050).
Who it affects
Businesses suing or being sued in California state court. Small claims, unlawful detainer, family, and probate cases, and cases granted trial preference, are excluded.
Questions to raise with counsel
- Which contracts, key emails, and insurance policies should we gather now that a dispute is likely?
- What insurance and indemnity coverage do we have, given that it must be disclosed?
- How could an earlier exchange of information affect settlement?
This briefing is general information about California law, not legal advice for your situation. Reading it does not create an attorney-client relationship.