Notice For Discovery In Sacramento
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FAQ
If you filed a request for discovery and the other party will not answer or provide you with the information, you can file a Motion To Compel. This Motion asks the Court to force the other party to answer your requests. You can also ask the Court to sanction the other party for not answering your requests.
You can use Proof of Service by First Class Mail (form POS-030). It helps if you fill in the top part of the form with the case and court information. Your server can then fill in the information about how, when, and where they served the papers. Your server must then sign the form.
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.
You typically have 30 days to respond to the request During the time you have to respond to discovery requests, you can still use mediation or work to negotiate a settlement with the other side.
All discovery must be completed not later than 15 days before the date set for the arbitration hearing unless the court, upon a showing of good cause, makes an order granting an extension of the time within which discovery must be completed.
The length of the discovery phase varies depending on the case's complexity, the amount of evidence to be collected, and the level of cooperation between the parties. In personal injury cases, the discovery process can last anywhere from a few months to over a year.
Parties usually send their discovery requests and responses to the other party electronically, by email. But, parties may also send or respond to discovery requests by U.S. mail or a parcel service. Discovery requests and responses should not be sent to the Administrative Judge, except to support a motion.
You have 30 days after the form or special interrogatories were served to you (35 days if served by mail from within California) to serve your responses to the interrogatories. Sometimes, rather than answering the interrogatory, you may wish to object to the request on legal grounds.
