§ 2016.090.Initial disclosures; application of section

Title 4. Civil Discovery Act · Chapter 1. General Provisions · Last amended 2026 · Last verified July 29, 2026

In one sentenceSection 2016.090 requires each appearing party in a demanding civil action, within 60 days of any party's demand, to exchange initial disclosures identifying likely witnesses, relevant documents, and applicable insurance agreements, subject to supplemental demands, verification, and exemptions for unlawful detainer, small claims, family, and probate matters.

Full Text of § 2016.090

Text sizeJump to: (a) (b) (c) (d)

(a) The following shall apply in a civil action unless modified by stipulation by all parties to the action:

(1) Within 60 days of a demand by any party to the action, each party that has appeared in the action, including the party that made the demand, shall provide to the other parties an initial disclosure that includes all of the following information:

(A) The names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information, that the disclosing party may use to support its claims or defenses, or that is relevant to the subject matter of the action or the order on any motion made in that action, unless the use would be solely for impeachment. The disclosure required by this subparagraph is not required to include persons who are expert trial witnesses or are retained as consultants who may later be designated as expert trial witnesses, as that term is described in Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4.

(B) A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, or that is relevant to the subject matter of the action or the order on any motion made in that action, unless the use would be solely for impeachment.

(C) Any contractual agreement and any insurance policy under which an insurance company may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

(D) Any and all contractual agreements and any and all insurance policies under which a person, as defined in Section 175 of the Evidence Code, may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Only those provisions of an agreement that are material to the terms of the insurance, indemnification, or reimbursement are required to be included in the initial disclosure. Material provisions include, but are not limited to, the identities of parties to the agreement, the nature and limits of the coverage, and any and all documents regarding whether any insurance carrier is disputing the agreement's or policy's coverage of the claim involved in the action.

(2) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its initial disclosures because it has not fully investigated the case, because it challenges the sufficiency of another party's disclosures, or because another party has not made its disclosures.

(3) (A) A party that has made, or responded to, a demand for an initial disclosure pursuant to paragraph (1) may propound a supplemental demand on any other party to elicit any later-acquired information bearing on all disclosures previously made by any party.

(B) A party may propound a supplemental demand twice before the initial setting of a trial date, and, subject to the time limits on discovery proceedings and motions provided in Chapter 8 (commencing with Section 2024.010) of Title 4 of Part 4, once after the initial setting of a trial date.

(C) Notwithstanding subparagraphs (A) and (B), on motion, for good cause shown, the court may grant leave to a party to propound one additional supplemental demand.

(4) A party's obligations under this section may be enforced by a court on its own motion or the motion of a party to compel disclosure.

(5) A party's disclosures under this section shall be verified either in a written declaration by the party or the party's authorized representative, or signed by the party's counsel.

(b) Notwithstanding subdivision (a), this section does not apply to the following actions:

(1) An unlawful detainer action, as defined in Section 1161.

(2) An action in the small claims division of a court, as defined in Section 116.210.

(3) An action or proceeding commenced in whole or in part under the Family Code.

(4) An action or proceeding commenced in whole or in part under the Probate Code.

(5) An action in which a party has been granted preference pursuant to Section 36.

(d) The changes made to this section by the act adding this subdivision1 apply only to civil actions filed on or after January 1, 2024.

End

Plain-English Summary

California added this initial-disclosure regime to bring some of the front-loaded transparency long used in federal court into state civil practice, though only when a party asks for it. Nothing happens automatically; the obligation is triggered by a demand from any party, and once that happens, every party who has appeared, including the one who made the demand, must exchange a set of initial disclosures within 60 days.

Those disclosures cover four categories: the names and contact information of people likely to have discoverable information the disclosing party may use, along with what they know (with an exemption for expert witnesses covered under the separate expert-exchange chapter); copies or descriptions of documents, electronically stored information, and tangible things the disclosing party may use or that are relevant to the case; any insurance agreement that could cover a judgment; and any other agreement, such as an indemnification arrangement, under which someone may have to satisfy or reimburse a judgment. A party discloses based on what is then reasonably available, and cannot dodge the obligation by pointing to an incomplete investigation or another party's own shortcomings.

The section also builds in a mechanism for keeping disclosures current: a party can propound a supplemental demand to capture later-acquired information, twice before trial is first set and once afterward, with the court able to allow an additional supplemental demand on a showing of good cause. Disclosures must be verified, either by the party or the party's authorized representative, or signed by counsel, and a party's obligations can be enforced by motion or on the court's own initiative.

Several categories of cases sit outside this regime entirely: unlawful detainer actions, small claims matters, family law and probate proceedings, and cases where a party has obtained trial preference. The obligation also does not reach a party who is self-represented. Because the Legislature has amended this section more than once since its 2020 effective date, including changes tied to actions filed in 2024 and later, the exact disclosure timeline and exemptions should be checked against the current text for the filing date involved.

Frequently Asked Questions

Are initial disclosures automatic in every California civil case?

No. The obligation is triggered only by a demand from any party to the action; without a demand, this section imposes no disclosure duty.

How long does a party have to make initial disclosures once demanded?

60 days from the demand, and the obligation runs to every party that has appeared in the action, including the party that made the demand.

What has to be included in an initial disclosure?

Contact information and subject-matter details for likely witnesses (other than expert trial witnesses), documents and electronically stored information the disclosing party may rely on or that are relevant, applicable insurance agreements, and other agreements under which someone may have to satisfy or reimburse a judgment.

What civil actions are exempt from this section?

Unlawful detainer actions, small claims actions, actions under the Family Code or Probate Code, actions where a party has trial preference under Section 36, and any party who is not represented by counsel.

Can a party update its initial disclosures later in the case?

Yes, through a supplemental demand, which a party may propound twice before trial is first set and once afterward, with the court able to permit one additional supplemental demand for good cause.

Amendment History

(Added by Stats.2019, c. 836 (S.B.17), § 1, eff. Jan. 1, 2020. Amended by Stats.2023, c. 284 (S.B.235), § 1, eff. Jan. 1, 2024; Stats.2025, c. 50 (S.B.66), § 1, eff. Jan. 1, 2026.)

Source & verification. Section text is reproduced verbatim from the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

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