Notice For Discovery In San Jose
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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.
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 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.
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.
Possible: Discovery Requests If you do not respond, you may be fined by the court or prevented from producing any evidence at trial.
A certificate of discovery compliance is proper when “all known” discoverable materials have been disclosed after the prosecutor has exercised due diligence and made reasonable inquiries.
Timeframe for discovery If you are the plaintiff, you can begin discovery 10 days after you serve the first papers in the case or anytime after the defendant files a response. If you are the defendant, you may begin discovery as soon as the case is filed.
A responding party has four options: (1) admit; (2) deny; (3) admit in part and deny in part; or (4) explain why the party is unable to answer. It is possible to object to all or part of a request as well, but courts do not like parties who play “word games” to avoid responding. Further, Civ.
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.
Read each question (interrogatory) very carefully. Answer only the question that is asked, and avoid the temptation to over-explain your answer. If the question contains several parts, you may break your answer into parts as well. It is also possible that you might object to the question.
