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Written Discovery

In California, written discovery is a crucial part of the pre-trial discovery phase of litigation, allowing parties to obtain information and evidence from each other. There are four main types of written discovery.

    1. Interrogatories
      • Definition: Interrogatories are written questions that one party sends to another, which must be answered under oath. There are two types: “form interrogatories”, and “special interrogatories”.
      • Purpose: They are used to gather detailed information about the opposing party’s claims, defenses, and relevant facts.
      • Limitations: In California, a party can typically serve up to 35 specially prepared interrogatories (those tailored to the specifics of the case and called “special interrogatories”). A party can also serve “form interrogatories” (pre-written interrogatories on a form). The party propounding the discovery (asking the questions) will check off the form interrogatories that the party is asking the responding party to answer. These form interrogatories may be used in all cases, but not all the questions may be relevant to your specific case.
      • Examples: A form interrogatory may ask you for your educational background, any other names you have used in the past, and your work history. Another form interrogatory asks whether you can proficiently speak and read English. These types of questions are important in every case. A form interrogatory concerning a car accident, though, will not apply to your case if your lawsuit is not about a car accident. A special interrogatory is specific to your case, so it may ask you, for example, “Identify any person who witnessed you sign the contract”, or “State every reason why you fired John Doe”.
    2. Requests for Production of Documents or Things
      • Definition: This discovery tool allows one party to request specific documents, records, or other tangible evidence from the other party.
      • Purpose: It is used to obtain relevant documents that can support claims or defenses, such as contracts, emails, photographs, or financial records.
      • Scope: The requests must be relevant to the subject matter of the case and cannot be overly broad or burdensome. There are also other limitations. For example, the other party cannot demand you produce any emails between you and your attorney discussing the merits of your case, even though those emails are related to the case.
      • Examples: “Any and all documents that relate to your allegation that the other party breached the contract”; “any and all communications between you and any other person related to the contract”; or “a copy of any and all title reports you received about the subject property”.
    3. Requests for Admission
      • Definition: Requests for admission are statements sent to the opposing party, asking them to admit or deny the truth of those statements.
      • Purpose: This tool is used to narrow the issues for trial by establishing certain facts as undisputed, which can streamline the litigation process.
      • Limits: A party can typically serve up to 35 requests for admission without court permission. This does not include requests to admit the authenticity of a particular document. Each request must also be singular (and not contain any subparts or be compound, conjunctive or disjunctive) and full and complete in and of itself.
      • Examples: “Admit that you ran the red light on the date of the accident”; “admit that you signed the contract”; “admit that Exhibit 1 is a true and correct copy of the contract”.
      • Response Time: The responding party has 30 days to admit or deny each request, or they will be deemed admitted.
    4. Generally
      • Response Time: The responding party typically has 30 days to answer (plus time for service), though this can be extended under certain circumstances.
      • Verification: In California, any responses must be verified under penalty of perjury to be true and correct. Failure to provide a verification is akin to not responding at all.
      • Importance of Written Discovery: These interrogatories and requests, if used properly and strategically, help you understand the other party’s position, and the merits or weaknesses of all the claims and defenses in the lawsuit. After all, it would be important to know if a “smoking gun” document, like an email, exists before trial. An experienced litigation attorney helps ensure that all relevant and material discovery is sought so that there are no surprises at trial.As another example, a party may deny a request for admission, and it would be helpful to understand why they are denying that particular fact; there is a form interrogatory that specifically asks for that information, including the identity of any witnesses and documents that support the basis of the denial. There are also legal consequences for refusing to admit any requests in good faith.In other cases, the written discovery helps you understand what third parties may be in possession of particular evidence. This is necessary to issue any subpoenas.
    5. Motions to compel responses or motions to compel further responses
      • If the responding party fails to respond altogether, a motion to compel responses may be necessary.
      • If the responding party (1) provides evasive or incomplete responses, (2) refuses to provide documents or the document production is inadequate; or (3) asserts generalized and meritless objections (and maybe, refuses to answer based on the objections), a motion to compel further responses may be necessary.
      • Although the former has no deadline, the latter must be filed within 45 days of service of the verified responses. However, a lengthy “meet and confer” process is necessary before filing any motion to compel further responses.
      • Failure to timely file a motion to compel may result in the loss of your right to obtain such responses or evidence prior to trial. This would, in most cases, obviously prejudice your rights and ability to effectively prepare for trial.
      • Failure to comply with a court order granting any motion to compel may result in further evidentiary or terminating sanctions, including and up to the loss your claims or defenses.

Conclusion

These four types of written discovery tools are essential for gathering information and evidence in California litigation. They help parties prepare for trial by clarifying issues, obtaining relevant documents, and establishing undisputed facts. Proper use of written discovery can significantly impact the outcome of a case, so understanding the rules and limits associated with each type is crucial for effective legal practice.

An experienced litigation attorney helps ensure that your case is properly prepared for trial, rather than just going through the motion of seeking general discovery. For a confidential consultation with an experienced Los Angeles litigation attorney, contact Litigation, P.C., at 424-284-2401 or online to learn about your legal options. We routinely handle matters throughout SoCal.