Legal Question in Real Estate Law in California

Re: When does time period for discovery expire?

30 days before the trial date, or in some cases after the arbitration date.

Re: When does time period for discovery expire?

Discovery, except for subpoenas, must be completed on or before the 30th day before the initially-set trial date. See Code of Civil Procedure 2024.010 to 2024.060 for details, and there are some important ones. I'll submit a second answer on the subpoena cutoff issue a little later, but I'll have to research it first.

Re: When does time period for discovery expire?

OK, here's a supplemental answer on the specific topic of post-trial, post-judgment use of a subpoena duces tecum.

At least one permissible use of the subpoena duces tecum after the close of the record in a trial is to compel production of materials necessary for enforcement of judgment. A judgment creditor is entitled to conduct a debtor examination in which the debtor is haled into court to answer questions, under oath, as to the extent and location of his assets that can be applied, voluntarily or under process of law, toward satisfaction of the judgment.

The judgment creditor is not limited to asking the judgment debtor questions. He may also subpoena the debtor's own records, or may subpoena non-party witnesses to appear at the debtor examination and produce evidence.

I don't know your exact procedural posture, but this is at least one example of post-trial use of the subpoena. If this one exists, there may be others.

Since you are doing your own research, I can give you a case that should be your starting point for post-trial subpoena and motion to quash questions: Lee v. Swansboro Country Property Owners Association (2007) 151 Cal.App.4th 575. You will note that this case also refers to sections of the Code of Civil Procedure on post-trial enforcement of judgment that allow the judgment creditor to use conventional discovery techniques such as interrogatories as well as subpoenas to prepare for post-trial debtor examinations. Look at CCP section 708.020, for example.

Your opponent might be jumping the gun by invoking post-judgment procedures before there is a final judgment. This could be a basis for a motion to quash, but then it would only delay what is probably inevitable.

Re: When does time period for discovery expire?

OK, here's a supplemental answer on the specific topic of post-trial, post-judgment use of a subpoena duces tecum.

At least one permissible use of the subpoena duces tecum after the close of the record in a trial is to compel production of materials necessary for enforcement of judgment. A judgment creditor is entitled to conduct a debtor examination in which the debtor is haled into court to answer questions, under oath, as to the extent and location of his assets that can be applied, voluntarily or under process of law, toward satisfaction of the judgment.

The judgment creditor is not limited to asking the judgment debtor questions. He may also subpoena the debtor's own records, or may subpoena non-party witnesses to appear at the debtor examination and produce evidence.

I don't know your exact procedural posture, but this is at least one example of post-trial use of the subpoena. If this one exists, there may be others.

Since you are doing your own research, I can give you a case that should be your starting point for post-trial subpoena and motion to quash questions: Lee v. Swansboro Country Property Owners Association (2007) 151 Cal.App.4th 575. You will note that this case also refers to sections of the Code of Civil Procedure on post-trial enforcement of judgment that allow the judgment creditor to use conventional discovery techniques such as interrogatories as well as subpoenas to prepare for post-trial debtor examinations. Look at CCP section 708.020, for example.

Your opponent might be jumping the gun by invoking post-judgment procedures before there is a final judgment. This could be a basis for a motion to quash, but then it would only delay what is probably inevitable.