(a) A party who desires to obtain discovery pending appeal shall obtain leave of the court that entered the judgment. This motion shall be made on the same notice to and service of parties as is required for discovery sought in an action pending in that court.
(b) The motion for leave to conduct discovery pending appeal shall set forth all of the following:
(1) The names and addresses of the natural persons or organizations from whom the discovery is being sought.
(2) The particular discovery methods described in Section 2036.020 for which authorization is being sought.
(3) The reasons for perpetuating testimony or preserving evidence.
(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
Last modified: October 25, 2018