(a) If a petition has been filed under Section 2029.600 and another dispute later arises relating to discovery being conducted in the same county for purposes of the same out-of-state proceeding, the deponent or other disputant may file a petition for appropriate relief in the same superior court as the previous petition.
(b) The first page of the petition shall clearly indicate that it is not the first petition filed in that court that relates to the out-of-state case.
(c) (1) If the petitioner in the new dispute is a party to the out-of-state case who previously paid a first appearance fee under this article, the petitioner shall pay a motion fee as specified in subdivision (a) of Section 70617 of the Government Code. If the petitioner in the new dispute is a party to the out-of-state case but has not previously paid a first appearance fee under this article, the petitioner shall pay a first appearance fee as specified in Section 70611 of the Government Code.
(2) If the petitioner in the new dispute is not a party to the out-of-state case, the petitioner shall pay the fee specified in subdivision (c) of Section 70626 of the Government Code, unless the petitioner previously paid that fee. If the petitioner previously paid the fee specified in subdivision (c) of Section 70626 of the Government Code, the petitioner shall pay a motion fee as specified in subdivision (a) of Section 70617 of the Government Code.
(d) If a person responding to the new petition is not a party to the out-of-state case, or is a party who previously paid a first appearance fee under this article, that person does not have to pay a fee for responding. If a person responding to the new petition is a party to the out-of-state case but has not previously paid a first appearance fee under this article, that person shall pay a first appearance fee as specified in Section 70612 of the Government Code.
(e) Any petition, response, or other document filed under this section shall satisfy all of the following conditions:
(1) It shall bear the caption and case number of the out-of-state case to which it relates.
(2) The first page shall state the name of the court in which the document is filed.
(3) The first page shall state the same case number that the court assigned to the first petition relating to the out-of-state case.
(4) The first page shall state whether or not the person filing the document is a party to the out-of-state case.
(f) A petition for relief pursuant to this section shall be accompanied by a civil case cover sheet.
(Amended by Stats. 2011, Ch. 308, Sec. 5. (SB 647) Effective January 1, 2012.)
Last modified: October 25, 2018