Service Interrogatories With Documents In San Bernardino
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FAQ
Special Interrogatories Cannot be Used to Request Documents. The proper mechanism to have a party produce a document is an inspection demand.
Interrogatories can be quicker, less costly, and less complicated than depositions, but there are downsides. Since the questions are written, the witness may have more time to think and craft answers, rather than providing more candid answers during discovery.
However, the U.S. Supreme Court ruled in Seattle Times Co. v. Rhinehart that “pretrial depositions and interrogatories are not public components of a civil trial. Such proceedings were not open to the public at common law, and, in general, they are conducted in private as a matter of modern practice.”
Complete the top caption with your name, address, and telephone number, the names of the parties in your case, and case number. Copy the name of the Asking party, Answering Party, and Set Number from the form interrogatories. On the first page of the Form Interrogatories is a set of instructions with a signature line.
Serve your Form Interrogatories by mail Choose a server. You can't serve papers yourself. Have your server mail the papers. Your server mails the papers to your spouse or partner using regular first class mail. Fill out Proof of Service form. You can use Proof of Service by Mail (form FL-335). Keep the Proof of Service.
You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.
How to respond to Requests for Production Download the blank response template and fill in basic information. Prepare the template for your responses. Read and answer the questions. Sign the document.
For interrogatories, action words such as “list,” “describe,” “identify,” or “state” are very useful. You may ask the other side to identify a document but you cannot use this form of discovery to get them to give it to you. Requesting documents requires a different kind of discovery process.
(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 you do not respond, then the other side will request entry of default. The Court will then wait a period of time and then assume that you have waived the right to contest the allegations--they will be deemed proven true.