This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
You use discovery to get information or evidence from the other side in a lawsuit that will help you make your case. In order to get the information you need, you must make a request using a specific procedure and written format, within a specific timeframe.
Your response for each request must include either an agreement to comply, a representation of your ability to reply, or an objection to all or part of the request. California Code of Civil Procedure (CCP) §§ 2031.210 et. seq require specific statements in your response.
Undeniably, if you ignore a request for information, the other party will either ask again or pursue a court order that forces you to provide evidence. This request, a motion to compel, requires submitting a formal request to a judge and asking them to intervene and request information.
Failure to comply with discovery obligations may result in sanctions. Sanctions are actions taken by the Administrative Judge to penalize a party that fails to comply with their orders or other legal obligations.
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.
How to fill out Form Interrogatories Fill in basic information at the top of the form. Provide basic information about your case. Select the questions. On Page 2, check the box next to each question you want to ask your spouse to answer. Make copies. Make 1 copy of the completed Form Interrogatories – Family Law.
There are four main types of discovery requests: (1) depositions; (2) interrogatories; (3) requests for admissions; and (4) requests for the production of documents. Depositions are formal witness interviews.
Parties must immediately notify the Court if they are withdrawing any previously filed discovery motions. The pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery. Parties are reminded that there is no “order” in which discovery must occur.
The California discovery rule stops the clock on the statute of limitations until the plaintiff either finds out about the cause of action or has a good reason to do so. This rule comes into play when the plaintiff didn't realize, and a reasonable person wouldn't have realized, that they were harmed.