California law places strict limits on the number of discovery requests a party can make. In a limited civil case (cases less than $25,000) you may ask each party only 35 questions total, whether they are form interrogatories, special interrogatories, requests for admission, or requests for production.
What is the discovery rule? The discovery rule prevents the statute of limitations from running until the plaintiff discovers, or has reason to discover, the cause of action. The discovery rule applies when the plaintiff did not discover – and a reasonable person would not have discovered – that they had suffered harm.
Discovery ends 30 days before trial (the cutoff date). That means, at the very latest anything you ask for must be due 30 days before your trial. At the latest, you need to serve your requests 60 days before your trial date (65 if you serve by mail).
The delayed discovery rule in California says is the legal maxim that the statute of limitations on bringing a claim does not start running until a claimant discovers the injury or loss that forms the basis of the claim or lawsuit.
C.C.P. Section 2030.030
(b) Except as provided in Section 2030.070, no party shall, as a matter of right, propound to any other party more than 35 specially prepared interrogatories. If the initial set of interrogatories does not exhaust this limit, the balance may be propounded in subsequent sets.
If your case is an unlimited civil case (over $25,000) you may ask up to 35 special interrogatories, but may ask more with a declaration explaining the need for additional requests and a statement that the request is not done for an improper purpose.
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer. If the response was served by mail, 5 extra days are added.
Misuses of the discovery process include, but are not limited to, the following: (a) Persisting, over objection and without substantial justification, in an attempt to obtain information or materials that are outside the scope of permissible discovery.
Deadline 60 days: Motion to Compel must be filed within 60 days from the completion of the deposition transcript.
According to Section 583.310, “[a] n action shall be brought to trial within five years after the action is commenced against the defendant.” The Code sets forth three circumstances in which the running of the clock is paused: (1) when the court's jurisdiction is suspended; (2) when prosecution of the action is stayed ...
If you received the request in the mail, and both you and the sender are in California, you have 35 days from the day of mailing to respond. If you or the sender is outside of California, but in the United States, you will have 40 days from the day of mailing to respond.
After you complete your response to any request for written discovery, you must provide your response to the other side by serving the other side. You can serve the other side by mail. This means another adult, not you, mails your response to the other side.
For example, suppose an individual underwent surgery and a surgical tool was left inside his or her body. It is discovered, but he or she cannot afford to have it removed, and later dies from this situation.
The information gathered during the discovery process can determine the outcome of the case at trial. What is learned about a claim or a defense through discovery can compel a party to settle a claim or affect the amount offered in order to settle it.
Steps Of The Discovery Process. There are four key actions in the discovery process which include interrogatories, request for documents, request for admissions, and depositions.
You may object if the request is asking for your analysis, strategy, or thinking about the case. A discovery request can ask what evidence the person knows, but cannot ask what a person thinks the evidence means. Sometimes called “attorney work product,” and this objection applies equally to self-represented litigants.
Unless your written response includes only objections without any factual assertions, it must be verified. This means it must include a statement under the penalty of perjury that your response is true and correct. (CCP § 2031.250). Failure to include this verification has the same effect as not responding at all.
2030.020. (a) A defendant may propound interrogatories to a party to the action without leave of court at any time. (b) A plaintiff may propound interrogatories to a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first.
You must complete discovery 30 days before your trial
If you are the plaintiff, you can begin discovery 10 days after you serve the first papers in the case or anytime after the defendant files a response. If you are the defendant, you may begin discovery as soon as the case is filed.
A discovery violation happens when the prosecution willfully or unreasonably impedes the defense's access to evidence by not responding to discovery requests or tampering with evidence.
210. “Relevant evidence” means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.
“Relevant evidence” means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.”
It is a criminal offense to destroy material for purpose of impairing its availability in a pending proceeding or one whose commencement can be foreseen. (See, e.g., Pen. Code, § 135; 18 U.S.C. §§ 1501-1520.)
Section 999. 999. (a) It is declared to be the public policy of the State of California that prompt settlements of civil actions and claims are encouraged as beneficial to claimants, policyholders, and insurers.