Unless agreed by the parties and with the permission of the court, all discovery shall be completed within 60 days of the demand, or 90 days of service of the summons and complaint, or counterclaim, or cross complaint, whichever is longer.
(C) A party may discover facts known or opinions held by an expert who is not expected to be called as a witness at trial, only as provided in rule 35(b) or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by ...
Unless agreed by the parties and with the permission of the court, all discovery shall be completed within 60 days of the demand, or 90 days of service of the summons and complaint, or counterclaim, or cross complaint, whichever is longer. This revision is advisable for several reasons.
Unless agreed by the parties and with the permission of the court, all discovery shall be completed within 60 days of the demand, or 90 days of service of the summons and complaint, or counterclaim, or cross complaint, whichever is longer. This revision is advisable for several reasons.
The California discovery rule stops the clock on the statute of limitations until the plaintiff either finds out about the cause of action or has a good reason to do so. This rule comes into play when the plaintiff didn't realize, and a reasonable person wouldn't have realized, that they were harmed.
The best evidence rule requires the production of an original writing, except when its unavailability is satisfactorily explained, when an effort is being made to prove the terms of a writing, but it has no application to an attempt to prove the existence of a writing. McCormick, Evidence § 198 (1954).
Interrogatories may, without leave of court, be served upon the plaintiff after the summons and a copy of the complaint are served upon the defendant, or the complaint is filed, whichever shall first occur, and upon any other party with or after service of the summons and complaint upon that party.
The discovery rule allows plaintiffs to extend the statute of limitations on the basis that they had not reasonably discovered that they had a claim in time to meet the deadline. In this situation, the three-year time frame would not start until someone reasonably concluded that the death was wrongful.
Some people ignore interrogatories instead of answering them, but that could be a huge mistake. You must answer the questions or file objections to certain questions or the entire set of interrogatories.
You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.