California 2019 2019-2020 Regular Session

California Assembly Bill AB1349 Amended / Bill

Filed 04/08/2019

                    Amended IN  Assembly  April 08, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1349Introduced by Assembly Member ObernolteFebruary 22, 2019 An act to amend Sections 2030.210, 2031.210, 2030.210 and 2033.210, of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 1349, as amended, Obernolte. Civil actions: discovery.Existing law governs discovery in civil actions, and allows a party to obtain discovery from another party through written interrogatories, a demand for the production of documents, interrogatories and requests for admission. admission, among others. Under existing law, each response by the responding party to these discovery requests is required to include the same number or letter, and be in the same sequence, as the corresponding discovery request, as specified, but is not required to repeat the text of the particular discovery request.This bill would require the responding party to include the text of the request made by aforementioned discovery methods immediately preceding the response. If requested by the responding party, the propounding party would be required to provide the document propounding the discovery in electronic format within 3 days, as specified.In order to facilitate the discovery process, this bill would, upon request in one of the aforementioned discovery methods, require a party to provide the requesting party with the document propounding or responding to the discovery request in electronic format within 3 court days of the request, except as specified. The bill would also provide that a party may provide the requested electronic format in any format, and may transmit the document by any method, as agreed upon by the parties, except as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2030.210 of the Code of Civil Procedure is amended to read:2030.210. (a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following:(1) An answer containing the information sought to be discovered.(2) An exercise of the partys option to produce writings.(3) An objection to the particular interrogatory.(b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the propounding party.(c) Each answer, exercise of option, or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding interrogatory, and include the text of the interrogatory immediately preceding the response. but the text of that interrogatory need not be repeated.(d)Upon request by the responding party, the propounding party shall provide the interrogatories in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the interrogatories in the format that was used to prepare the document propounding the interrogatories. A party is not required to create the interrogatories in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.(d) In order to facilitate the discovery process:(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the interrogatories in an electronic format to the responding party within three court days of the request.(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the interrogatories, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.(3) A party may provide the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the interrogatories or responses to the interrogatories in an alternate electronic format unless the parties are unable to agree on a format, in which case the interrogatories or responses to interrogatories shall be provided in plain text format.(4) A party may transmit the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the interrogatories or responses to interrogatories shall be transmitted by electronic mail to an email address provided by the requesting party.(5) If the interrogatories or responses to interrogatories were not created in an electronic format, a party is not required to create the interrogatories or response to interrogatories in an electronic format for the purpose of transmission to the requesting party.SEC. 2.Section 2031.210 of the Code of Civil Procedure is amended to read:2031.210.(a)The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following:(1)A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities.(2)A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item.(3)An objection to the particular demand for inspection, copying, testing, or sampling.(b)In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the demanding party.(c)Each statement of compliance, each representation, and each objection in the response shall bear the same number, be in the same sequence as the corresponding item or category in the demand, and include the text of the demand immediately preceding the response.(d)If a party objects to the discovery of electronically stored information on the grounds that it is from a source that is not reasonably accessible because of undue burden or expense and that the responding party will not search the source in the absence of an agreement with the demanding party or court order, the responding party shall identify in its response the types or categories of sources of electronically stored information that it asserts are not reasonably accessible. By objecting and identifying information of a type or category of source or sources that are not reasonably accessible, the responding party preserves any objections it may have relating to that electronically stored information.(e)Upon request by the responding party, the propounding party shall provide the demand in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the demand in the format that was used to prepare the document propounding the demand. A party is not required to create the demand in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.SEC. 3.SEC. 2. Section 2033.210 of the Code of Civil Procedure is amended to read:2033.210. (a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request.(b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request.(c) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the requesting party.(d) Each answer or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding request, and include the text of the request immediately preceding the response. but the text of the particular request need not be repeated.(e)Upon request by the responding party, the propounding party shall provide the requests for admission in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the requests for admission in the format that was used to prepare the document propounding the requests. A party is not required to create the requests for admission in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.(e) In order to facilitate the discovery process:(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the requests for admission in an electronic format to the responding party within three court days of the request.(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the requests for admission, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.(3) A party may provide the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the requests for admission or responses to the requests for admission in an alternate electronic format unless the parties are unable to agree on a format, in which case the requests for admission or responses to the requests for admission shall be provided in plain text format.(4) A party may transmit the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the requests for admission or responses to the requests for admission shall be transmitted by electronic mail to an email address provided by the requesting party.(5) If the requests for admission or responses to the requests for admission were not created in an electronic format, a party is not required to create the requests for admission or responses in an electronic format for the purpose of transmission to the requesting party.

 Amended IN  Assembly  April 08, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1349Introduced by Assembly Member ObernolteFebruary 22, 2019 An act to amend Sections 2030.210, 2031.210, 2030.210 and 2033.210, of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 1349, as amended, Obernolte. Civil actions: discovery.Existing law governs discovery in civil actions, and allows a party to obtain discovery from another party through written interrogatories, a demand for the production of documents, interrogatories and requests for admission. admission, among others. Under existing law, each response by the responding party to these discovery requests is required to include the same number or letter, and be in the same sequence, as the corresponding discovery request, as specified, but is not required to repeat the text of the particular discovery request.This bill would require the responding party to include the text of the request made by aforementioned discovery methods immediately preceding the response. If requested by the responding party, the propounding party would be required to provide the document propounding the discovery in electronic format within 3 days, as specified.In order to facilitate the discovery process, this bill would, upon request in one of the aforementioned discovery methods, require a party to provide the requesting party with the document propounding or responding to the discovery request in electronic format within 3 court days of the request, except as specified. The bill would also provide that a party may provide the requested electronic format in any format, and may transmit the document by any method, as agreed upon by the parties, except as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  April 08, 2019

Amended IN  Assembly  April 08, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 1349

Introduced by Assembly Member ObernolteFebruary 22, 2019

Introduced by Assembly Member Obernolte
February 22, 2019

 An act to amend Sections 2030.210, 2031.210, 2030.210 and 2033.210, of the Code of Civil Procedure, relating to civil actions. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1349, as amended, Obernolte. Civil actions: discovery.

Existing law governs discovery in civil actions, and allows a party to obtain discovery from another party through written interrogatories, a demand for the production of documents, interrogatories and requests for admission. admission, among others. Under existing law, each response by the responding party to these discovery requests is required to include the same number or letter, and be in the same sequence, as the corresponding discovery request, as specified, but is not required to repeat the text of the particular discovery request.This bill would require the responding party to include the text of the request made by aforementioned discovery methods immediately preceding the response. If requested by the responding party, the propounding party would be required to provide the document propounding the discovery in electronic format within 3 days, as specified.In order to facilitate the discovery process, this bill would, upon request in one of the aforementioned discovery methods, require a party to provide the requesting party with the document propounding or responding to the discovery request in electronic format within 3 court days of the request, except as specified. The bill would also provide that a party may provide the requested electronic format in any format, and may transmit the document by any method, as agreed upon by the parties, except as specified.

Existing law governs discovery in civil actions, and allows a party to obtain discovery from another party through written interrogatories, a demand for the production of documents, interrogatories and requests for admission. admission, among others. Under existing law, each response by the responding party to these discovery requests is required to include the same number or letter, and be in the same sequence, as the corresponding discovery request, as specified, but is not required to repeat the text of the particular discovery request.

This bill would require the responding party to include the text of the request made by aforementioned discovery methods immediately preceding the response. If requested by the responding party, the propounding party would be required to provide the document propounding the discovery in electronic format within 3 days, as specified.



In order to facilitate the discovery process, this bill would, upon request in one of the aforementioned discovery methods, require a party to provide the requesting party with the document propounding or responding to the discovery request in electronic format within 3 court days of the request, except as specified. The bill would also provide that a party may provide the requested electronic format in any format, and may transmit the document by any method, as agreed upon by the parties, except as specified.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 2030.210 of the Code of Civil Procedure is amended to read:2030.210. (a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following:(1) An answer containing the information sought to be discovered.(2) An exercise of the partys option to produce writings.(3) An objection to the particular interrogatory.(b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the propounding party.(c) Each answer, exercise of option, or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding interrogatory, and include the text of the interrogatory immediately preceding the response. but the text of that interrogatory need not be repeated.(d)Upon request by the responding party, the propounding party shall provide the interrogatories in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the interrogatories in the format that was used to prepare the document propounding the interrogatories. A party is not required to create the interrogatories in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.(d) In order to facilitate the discovery process:(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the interrogatories in an electronic format to the responding party within three court days of the request.(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the interrogatories, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.(3) A party may provide the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the interrogatories or responses to the interrogatories in an alternate electronic format unless the parties are unable to agree on a format, in which case the interrogatories or responses to interrogatories shall be provided in plain text format.(4) A party may transmit the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the interrogatories or responses to interrogatories shall be transmitted by electronic mail to an email address provided by the requesting party.(5) If the interrogatories or responses to interrogatories were not created in an electronic format, a party is not required to create the interrogatories or response to interrogatories in an electronic format for the purpose of transmission to the requesting party.SEC. 2.Section 2031.210 of the Code of Civil Procedure is amended to read:2031.210.(a)The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following:(1)A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities.(2)A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item.(3)An objection to the particular demand for inspection, copying, testing, or sampling.(b)In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the demanding party.(c)Each statement of compliance, each representation, and each objection in the response shall bear the same number, be in the same sequence as the corresponding item or category in the demand, and include the text of the demand immediately preceding the response.(d)If a party objects to the discovery of electronically stored information on the grounds that it is from a source that is not reasonably accessible because of undue burden or expense and that the responding party will not search the source in the absence of an agreement with the demanding party or court order, the responding party shall identify in its response the types or categories of sources of electronically stored information that it asserts are not reasonably accessible. By objecting and identifying information of a type or category of source or sources that are not reasonably accessible, the responding party preserves any objections it may have relating to that electronically stored information.(e)Upon request by the responding party, the propounding party shall provide the demand in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the demand in the format that was used to prepare the document propounding the demand. A party is not required to create the demand in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.SEC. 3.SEC. 2. Section 2033.210 of the Code of Civil Procedure is amended to read:2033.210. (a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request.(b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request.(c) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the requesting party.(d) Each answer or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding request, and include the text of the request immediately preceding the response. but the text of the particular request need not be repeated.(e)Upon request by the responding party, the propounding party shall provide the requests for admission in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the requests for admission in the format that was used to prepare the document propounding the requests. A party is not required to create the requests for admission in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.(e) In order to facilitate the discovery process:(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the requests for admission in an electronic format to the responding party within three court days of the request.(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the requests for admission, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.(3) A party may provide the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the requests for admission or responses to the requests for admission in an alternate electronic format unless the parties are unable to agree on a format, in which case the requests for admission or responses to the requests for admission shall be provided in plain text format.(4) A party may transmit the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the requests for admission or responses to the requests for admission shall be transmitted by electronic mail to an email address provided by the requesting party.(5) If the requests for admission or responses to the requests for admission were not created in an electronic format, a party is not required to create the requests for admission or responses in an electronic format for the purpose of transmission to the requesting party.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 2030.210 of the Code of Civil Procedure is amended to read:2030.210. (a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following:(1) An answer containing the information sought to be discovered.(2) An exercise of the partys option to produce writings.(3) An objection to the particular interrogatory.(b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the propounding party.(c) Each answer, exercise of option, or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding interrogatory, and include the text of the interrogatory immediately preceding the response. but the text of that interrogatory need not be repeated.(d)Upon request by the responding party, the propounding party shall provide the interrogatories in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the interrogatories in the format that was used to prepare the document propounding the interrogatories. A party is not required to create the interrogatories in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.(d) In order to facilitate the discovery process:(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the interrogatories in an electronic format to the responding party within three court days of the request.(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the interrogatories, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.(3) A party may provide the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the interrogatories or responses to the interrogatories in an alternate electronic format unless the parties are unable to agree on a format, in which case the interrogatories or responses to interrogatories shall be provided in plain text format.(4) A party may transmit the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the interrogatories or responses to interrogatories shall be transmitted by electronic mail to an email address provided by the requesting party.(5) If the interrogatories or responses to interrogatories were not created in an electronic format, a party is not required to create the interrogatories or response to interrogatories in an electronic format for the purpose of transmission to the requesting party.

SECTION 1. Section 2030.210 of the Code of Civil Procedure is amended to read:

### SECTION 1.

2030.210. (a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following:(1) An answer containing the information sought to be discovered.(2) An exercise of the partys option to produce writings.(3) An objection to the particular interrogatory.(b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the propounding party.(c) Each answer, exercise of option, or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding interrogatory, and include the text of the interrogatory immediately preceding the response. but the text of that interrogatory need not be repeated.(d)Upon request by the responding party, the propounding party shall provide the interrogatories in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the interrogatories in the format that was used to prepare the document propounding the interrogatories. A party is not required to create the interrogatories in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.(d) In order to facilitate the discovery process:(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the interrogatories in an electronic format to the responding party within three court days of the request.(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the interrogatories, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.(3) A party may provide the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the interrogatories or responses to the interrogatories in an alternate electronic format unless the parties are unable to agree on a format, in which case the interrogatories or responses to interrogatories shall be provided in plain text format.(4) A party may transmit the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the interrogatories or responses to interrogatories shall be transmitted by electronic mail to an email address provided by the requesting party.(5) If the interrogatories or responses to interrogatories were not created in an electronic format, a party is not required to create the interrogatories or response to interrogatories in an electronic format for the purpose of transmission to the requesting party.

2030.210. (a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following:(1) An answer containing the information sought to be discovered.(2) An exercise of the partys option to produce writings.(3) An objection to the particular interrogatory.(b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the propounding party.(c) Each answer, exercise of option, or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding interrogatory, and include the text of the interrogatory immediately preceding the response. but the text of that interrogatory need not be repeated.(d)Upon request by the responding party, the propounding party shall provide the interrogatories in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the interrogatories in the format that was used to prepare the document propounding the interrogatories. A party is not required to create the interrogatories in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.(d) In order to facilitate the discovery process:(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the interrogatories in an electronic format to the responding party within three court days of the request.(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the interrogatories, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.(3) A party may provide the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the interrogatories or responses to the interrogatories in an alternate electronic format unless the parties are unable to agree on a format, in which case the interrogatories or responses to interrogatories shall be provided in plain text format.(4) A party may transmit the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the interrogatories or responses to interrogatories shall be transmitted by electronic mail to an email address provided by the requesting party.(5) If the interrogatories or responses to interrogatories were not created in an electronic format, a party is not required to create the interrogatories or response to interrogatories in an electronic format for the purpose of transmission to the requesting party.

2030.210. (a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following:(1) An answer containing the information sought to be discovered.(2) An exercise of the partys option to produce writings.(3) An objection to the particular interrogatory.(b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the propounding party.(c) Each answer, exercise of option, or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding interrogatory, and include the text of the interrogatory immediately preceding the response. but the text of that interrogatory need not be repeated.(d)Upon request by the responding party, the propounding party shall provide the interrogatories in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the interrogatories in the format that was used to prepare the document propounding the interrogatories. A party is not required to create the interrogatories in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.(d) In order to facilitate the discovery process:(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the interrogatories in an electronic format to the responding party within three court days of the request.(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the interrogatories, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.(3) A party may provide the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the interrogatories or responses to the interrogatories in an alternate electronic format unless the parties are unable to agree on a format, in which case the interrogatories or responses to interrogatories shall be provided in plain text format.(4) A party may transmit the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the interrogatories or responses to interrogatories shall be transmitted by electronic mail to an email address provided by the requesting party.(5) If the interrogatories or responses to interrogatories were not created in an electronic format, a party is not required to create the interrogatories or response to interrogatories in an electronic format for the purpose of transmission to the requesting party.



2030.210. (a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following:

(1) An answer containing the information sought to be discovered.

(2) An exercise of the partys option to produce writings.

(3) An objection to the particular interrogatory.

(b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the propounding party.

(c) Each answer, exercise of option, or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding interrogatory, and include the text of the interrogatory immediately preceding the response. but the text of that interrogatory need not be repeated.

(d)Upon request by the responding party, the propounding party shall provide the interrogatories in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the interrogatories in the format that was used to prepare the document propounding the interrogatories. A party is not required to create the interrogatories in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.



(d) In order to facilitate the discovery process:

(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the interrogatories in an electronic format to the responding party within three court days of the request.

(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the interrogatories, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.

(3) A party may provide the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the interrogatories or responses to the interrogatories in an alternate electronic format unless the parties are unable to agree on a format, in which case the interrogatories or responses to interrogatories shall be provided in plain text format.

(4) A party may transmit the interrogatories or responses to the interrogatories requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the interrogatories or responses to interrogatories shall be transmitted by electronic mail to an email address provided by the requesting party.

(5) If the interrogatories or responses to interrogatories were not created in an electronic format, a party is not required to create the interrogatories or response to interrogatories in an electronic format for the purpose of transmission to the requesting party.





(a)The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following:



(1)A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities.



(2)A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item.



(3)An objection to the particular demand for inspection, copying, testing, or sampling.



(b)In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the demanding party.



(c)Each statement of compliance, each representation, and each objection in the response shall bear the same number, be in the same sequence as the corresponding item or category in the demand, and include the text of the demand immediately preceding the response.



(d)If a party objects to the discovery of electronically stored information on the grounds that it is from a source that is not reasonably accessible because of undue burden or expense and that the responding party will not search the source in the absence of an agreement with the demanding party or court order, the responding party shall identify in its response the types or categories of sources of electronically stored information that it asserts are not reasonably accessible. By objecting and identifying information of a type or category of source or sources that are not reasonably accessible, the responding party preserves any objections it may have relating to that electronically stored information.



(e)Upon request by the responding party, the propounding party shall provide the demand in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the demand in the format that was used to prepare the document propounding the demand. A party is not required to create the demand in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.



SEC. 3.SEC. 2. Section 2033.210 of the Code of Civil Procedure is amended to read:2033.210. (a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request.(b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request.(c) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the requesting party.(d) Each answer or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding request, and include the text of the request immediately preceding the response. but the text of the particular request need not be repeated.(e)Upon request by the responding party, the propounding party shall provide the requests for admission in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the requests for admission in the format that was used to prepare the document propounding the requests. A party is not required to create the requests for admission in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.(e) In order to facilitate the discovery process:(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the requests for admission in an electronic format to the responding party within three court days of the request.(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the requests for admission, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.(3) A party may provide the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the requests for admission or responses to the requests for admission in an alternate electronic format unless the parties are unable to agree on a format, in which case the requests for admission or responses to the requests for admission shall be provided in plain text format.(4) A party may transmit the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the requests for admission or responses to the requests for admission shall be transmitted by electronic mail to an email address provided by the requesting party.(5) If the requests for admission or responses to the requests for admission were not created in an electronic format, a party is not required to create the requests for admission or responses in an electronic format for the purpose of transmission to the requesting party.

SEC. 3.SEC. 2. Section 2033.210 of the Code of Civil Procedure is amended to read:

### SEC. 3.SEC. 2.

2033.210. (a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request.(b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request.(c) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the requesting party.(d) Each answer or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding request, and include the text of the request immediately preceding the response. but the text of the particular request need not be repeated.(e)Upon request by the responding party, the propounding party shall provide the requests for admission in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the requests for admission in the format that was used to prepare the document propounding the requests. A party is not required to create the requests for admission in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.(e) In order to facilitate the discovery process:(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the requests for admission in an electronic format to the responding party within three court days of the request.(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the requests for admission, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.(3) A party may provide the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the requests for admission or responses to the requests for admission in an alternate electronic format unless the parties are unable to agree on a format, in which case the requests for admission or responses to the requests for admission shall be provided in plain text format.(4) A party may transmit the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the requests for admission or responses to the requests for admission shall be transmitted by electronic mail to an email address provided by the requesting party.(5) If the requests for admission or responses to the requests for admission were not created in an electronic format, a party is not required to create the requests for admission or responses in an electronic format for the purpose of transmission to the requesting party.

2033.210. (a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request.(b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request.(c) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the requesting party.(d) Each answer or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding request, and include the text of the request immediately preceding the response. but the text of the particular request need not be repeated.(e)Upon request by the responding party, the propounding party shall provide the requests for admission in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the requests for admission in the format that was used to prepare the document propounding the requests. A party is not required to create the requests for admission in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.(e) In order to facilitate the discovery process:(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the requests for admission in an electronic format to the responding party within three court days of the request.(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the requests for admission, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.(3) A party may provide the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the requests for admission or responses to the requests for admission in an alternate electronic format unless the parties are unable to agree on a format, in which case the requests for admission or responses to the requests for admission shall be provided in plain text format.(4) A party may transmit the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the requests for admission or responses to the requests for admission shall be transmitted by electronic mail to an email address provided by the requesting party.(5) If the requests for admission or responses to the requests for admission were not created in an electronic format, a party is not required to create the requests for admission or responses in an electronic format for the purpose of transmission to the requesting party.

2033.210. (a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request.(b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request.(c) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the requesting party.(d) Each answer or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding request, and include the text of the request immediately preceding the response. but the text of the particular request need not be repeated.(e)Upon request by the responding party, the propounding party shall provide the requests for admission in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the requests for admission in the format that was used to prepare the document propounding the requests. A party is not required to create the requests for admission in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.(e) In order to facilitate the discovery process:(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the requests for admission in an electronic format to the responding party within three court days of the request.(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the requests for admission, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.(3) A party may provide the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the requests for admission or responses to the requests for admission in an alternate electronic format unless the parties are unable to agree on a format, in which case the requests for admission or responses to the requests for admission shall be provided in plain text format.(4) A party may transmit the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the requests for admission or responses to the requests for admission shall be transmitted by electronic mail to an email address provided by the requesting party.(5) If the requests for admission or responses to the requests for admission were not created in an electronic format, a party is not required to create the requests for admission or responses in an electronic format for the purpose of transmission to the requesting party.



2033.210. (a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request.

(b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request.

(c) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the requesting party.

(d) Each answer or objection in the response shall bear the same identifying number or letter, letter and be in the same sequence as the corresponding request, and include the text of the request immediately preceding the response. but the text of the particular request need not be repeated.

(e)Upon request by the responding party, the propounding party shall provide the requests for admission in electronic format to the responding party within three days of the request. The electronic form may be in any format agreed to by the parties. If the parties are unable to agree on the format, the propounding party shall provide the responding party with the requests for admission in the format that was used to prepare the document propounding the requests. A party is not required to create the requests for admission in an electronic format or in an alternate electronic format for the purpose of transmission to the requesting party.



(e) In order to facilitate the discovery process:

(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the requests for admission in an electronic format to the responding party within three court days of the request.

(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the requests for admission, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.

(3) A party may provide the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. A party is not required to create the requests for admission or responses to the requests for admission in an alternate electronic format unless the parties are unable to agree on a format, in which case the requests for admission or responses to the requests for admission shall be provided in plain text format.

(4) A party may transmit the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the requests for admission or responses to the requests for admission shall be transmitted by electronic mail to an email address provided by the requesting party.

(5) If the requests for admission or responses to the requests for admission were not created in an electronic format, a party is not required to create the requests for admission or responses in an electronic format for the purpose of transmission to the requesting party.