BILL NUMBER: AB 2586 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN SENATE JUNE 2, 2014
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.
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 postjudgment pleadings
currently before the court 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 postjudgment
pleadings currently before the court .
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 on
the motion or any continuance thereof, or evidentiary trial,
whichever is later.