During the pretrial status of a case, parties may find it extremely beneficial to obtain and exchange information. This process of collecting and exchanging information is known as "Discovery." There are many types of Discovery for Parties to the case: Interrogatories, Requests for Production of Documents or Inspection of Property or Things; Requests for Admissions/ Genuineness of Documents; and Depositions. Discovery can be formally or informally requested by an opposing party to obtain information relevant to a case. It is critical to collect facts for presentation of your case in court by use of the discovery process.

Discovery exchanged among parties can optimistically guide parties in settling any and sometimes all issues before a case actually goes to trial. Discovery of non-Parties is also allowed for obtaining documents through use of Depositions and Subpoenas. The rules for obtaining and responding to discovery are quite complex. This article will be the first in a series on Discovery. This first blog shall deal with propounding interrogatories on an opposing party. 

     There are two types of Interrogatories: Form Interrogatories and Special Interrogatories. When a party drafts their own written interrogatories these are considered "special" interrogatories. The state of California has also drafted a standard "form" of interrogatories which allows the party to check the boxes for questions which they would like the opposing party to answer. There are many sets of these Form Interrogatories, depending upon what type of case you have filed. Form Interrogatories can be found at http://www.courts.ca.gov/formsrules.htm The Form Interrogatories are typically the first (and easiest) discovery to send. They require answers to general questions as well as more specific questions. The responses typically provide the proponent with sufficient information by which they will be able to draft the more specific discovery listed above. The responses must be under penalty of perjury and can be introduced at the time of trial. Additionally, the responding party has 30 days to respond with an additional 5 days for service if mailed.

    There are limits to the numbers of interrogatories that can be served on the other party. The limits are different for unlimited jurisdiction cases (over $25,000.00) and limited jurisdiction case (under $25,000.00). The rule is called the Rule of 35 and is outlined in detail for unlimited jurisdiction cases in the California Code of Civil Procedure, Section 2030.030(a)(1). http://codes.lp.findlaw.com/cacode/CCP/3/4/4/13/1/s2030.030 As to limited cases interrogatories are subject to more stringent limitations–called the Grab Bag Rule of 35. http://online.ceb.com/CalCodes/CCP/94.html However, the limitations are fairly easy to overcome. If the propounding party intends for the responding party to answer more than the allowed number of interrogatories, the propounding party must attach a declaration stating that they are familiar with the discovery procedure and that the additional interrogatories are necessary to obtain more information relevant to the subject matter. A sample declaration is included in the Code.

    Any party in a case may send the standard form interrogatories or special written interrogatories to the opposing party. The responding party must answer each interrogatory completely with the information sought to be discovered. In some cases, a party may exercise the party's option to produce a document instead of writing an answer. Additionally a party may object to that particular interrogatory for many reasons. If the interrogatory is not objectionable, each interrogatory must be answered complete and straightforward with the information available to that party. If the information is not available, the interrogatory must be answered to the extent of the information that is available. If the party is unable to answer a particular interrogatory the responding party must state so, but must also make good faith effort to obtain the information necessary to answer that interrogatory. Because responding to interrogatories by making proper objections is quite complicated, it will be the subject of next month's civil blog. To make matters, more complicated, objecting to the responding parties responses, if not full and complete, is another subject and will be number three in this series.

    If you were served with interrogatories or have received any type of discovery, The Law Offices of Gloria D. Cordova, Inc., can help you respond correctly and in a timely manner. To inquire more about discovery or if you have been served and do not know where to begin give us a call and we can guide you. Check in regularly to obtain more information regarding prosecuting and defending civil cases. Also "like" our Facebook page at https://www.facebook.com/gcordovalaw?ref=hl.