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Can you serve duplicate discovery questions?

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?

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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.

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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 information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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