CCP 1426.1
252 words·~1 min read·
/la/1426-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CCP 1426.1
Art. 1426.1. Stay of discovery in civil matters by a district attorney in a related criminal matter
A. Upon motion of the district attorney in a criminal proceeding, a court having jurisdiction over any related pending civil action or proceeding may, in the interests of justice and for good cause shown after a contradictory hearing with all parties in the civil action, stay all or a portion of discovery sought in such civil action or proceeding. The contradictory hearing shall be held by the court in the civil action within thirty days of the filing of the motion. Good cause shall include but not be limited to a finding by the court that such discovery will adversely affect the ability of the district attorney to conduct a related criminal investigation or the prosecution of a related felony criminal case.
B. No provision of this Article shall prohibit a party to the stayed discovery proceeding from moving to have the stay subsequently lifted for good cause.
C. Within thirty days after disposition in the trial court of the related criminal prosecution, in any matter where a stay has issued, the district attorney shall file an ex parte motion consenting to the termination of the stay.
D. The time during which the civil proceeding is stayed pursuant to this Article shall not be used to compute the three-year abandonment period of the civil matter.
E. Repealed by Acts 2017, No. 91, §1.
Acts 2012, No. 664, §1; Acts 2017, No. 91, §1.