BILL NUMBER: AB 2586	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 21, 2014

   An act to add Section 218 to the Family Code, relating to family
law proceedings.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2586, as amended, Bloom. Family law proceedings.
   Existing law establishes the Civil Discovery Act, which governs
the rules and procedures related to discovery in all civil cases, and
specifies, among other things, the time for completion of discovery
and the scope of discovery. Existing law generally requires discovery
proceedings to be complete before the date initially set for the
trial of the action. On motion of any party, existing law authorizes
the court to grant leave to reopen discovery proceedings. Under
existing law, the rules of practice and procedure applicable to civil
actions generally apply to, and constitute the rules of practice and
procedure in family law proceedings, except to the extent that any
other statute or rules adopted by Judicial Council provide otherwise.

   This bill would require any party to a postjudgment motion in
specified family law proceedings to be entitled as a matter of right
and without leave of the court to complete discovery proceedings on
or before the 30th day, and to have motions concerning discovery
heard on or before the 15th day, before the date the postjudgment
proceeding is set for hearing or evidentiary trial, whichever is
later. The bill would limit the scope of discovery to only those
issues raised in the postjudgment pleadings.  
   Before the commencement of a proceeding for modification or
termination of an order for child, family, or spousal support,
existing law establishes a procedure for limited postjudgment
discovery in specified family law proceedings, by which either party
ordered to pay support or the party to whom support was ordered to be
paid is allowed to serve a request on the other party for the
production of a completed current income and expense declaration.
 
   This bill would require discovery to automatically reopen as to
the issues raised in the pleadings when a request for order or other
motion is filed and served after entry of judgment, as specified.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 218 is added to the  
Family Code   , to read:  
   218.  With respect to the ability to conduct formal discovery in
family law proceedings, when a request for order or other motion is
filed and served after entry of judgment, discovery shall
automatically reopen as to the issues raised in the pleadings. The
date initially set for trial of the action specified in subdivision
(a) of Section 2024.020 of the Code of Civil Procedure shall mean the
date the postjudgment proceeding is set for hearing or evidentiary
trial, whichever is later.  
  SECTION 1.    Section 218 is added to the Family
Code, to read:
   218.  With respect to the ability to conduct formal discovery in
postjudgment family law proceedings, notwithstanding Section 2024.020
or 2024.050 of the Code of Civil Procedure, upon the filing of a
postjudgment motion after an entry of judgment in a dissolution of
marriage, dissolution of domestic partnership, nullity of marriage,
or legal separation of the parties, paternity, or after a permanent
order in any other proceeding in which the issue of visitation,
custody, or support of a child was considered, any party to the
postjudgment motion is entitled, as a matter of right and without
leave of the court, to complete discovery proceedings on or before
the 30th day, and to have motions concerning discovery heard on or
before the 15th day, before the date the postjudgment proceeding is
set for hearing or evidentiary trial, whichever is later. The scope
of discovery shall be limited to only those issues raised in the
postjudgment pleadings.