Can you serve duplicate discovery questions?

Asked over 1 year ago - Fresno, CA

I am in pro per. I served a second set of written discovery (interrogatories, request for admissions) to the defendant. However, opposing attorney claims that some of my second requests are too similar to questions from the first set and threatened to move for a protective order. Is it ever ok to ask or repeat questions from a prior set of discovery?

Attorney answers (3)

  1. Charles Richard Perry

    Pro

    Contributor Level 16

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    Answered . The general rule is that you cannot repeat the same request in the same form of discovery to the same defendant. You can propound the same discovery to a different defendant, and you can usually ask the same question to the same defendant in a different form of discovery -- but strict repetition (for instance, in consecutive inspection demands or sets of interrogatories) is not proper.

  2. Adrienne Patricia Allen

    Contributor Level 15

    8

    Lawyers agree

    Answered . I agree with attorney Perry. There is also a supplemental request that can be sent out later asking the other party to re-answer the previously propounded discovery with updated information. Perhaps you can get the attorney to identify which numbers are repetitive and request he or she only respond to the ones that are new? That may obviate the need for you to resend new discovery and starting the 30 day response requirement. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  3. Frank Wei-Hong Chen

    Contributor Level 20

    7

    Lawyers agree

    Answered . No you can't. I agree with Attorney Perry.

    But note that you can serve "supplemental" discovery to ask the responding party to update prior responses.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more

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