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How many days to reply the interrogatories in CA?

Milpitas, CA |

Dear Experts,

How many days I have to reply the interrogatories in CA (Bay Area)? All three set of documents are sent to me in the same envelop (request for admission, request for production of documents, special interrogatories) and one said I have extra 5 days beside the standard 30 days to respond while others do not. Do I have 35 days when I receive to respond to those documents? Also, if the final 30-day is falling on the court holiday, can I send the next day (31st).
Thank you for your answer.
Confused

Attorney Answers 8


  1. Best answer

    If the discovery was served via mail, then you have 35 days from the date of mailing (not your receipt) to respond. If that date falls on a court holiday or weekend, then you have until the following business day to serve your 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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. You have 30 days plus 5 to respond from the date the documents were mailed, as shown on the proof of service. Your time to respond DOES NOT run from date of receipt. If the last day to respond is a weekend or holiday you have until the next business day to serve your response. However, be on the safe side -- serve your response early!

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  3. My colleagues are correct. Don't wait until the last minute!

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.


  4. You have 30 days to respond to interrogatories. You can add 5 days if they were mailed to you. You look at the proof of service. If they were personally served on you you have just 30 days


  5. 30 + 5 days for mailing to respond from the date of mailing them to you; and if the last day to respond is on a holiday or weekend you can send it the next business day. But as a practical matter I would send the responses either the Friday before the weekend or the day before the holiday.


  6. I agree with the responses of my colleagues - You have 30 days plus and extra 5 days for mail service. You calculate the due date by looking at the date the documents were served (this will be on the Proof of Service), and counting 35 days out beginning on the day after the documents were served. If the due date for your responses falls on a court holiday or weekend, the deadline to serve your responses is on the next day (so long as the next day is not a holiday or weekend).


  7. I agree with my colleagues, if you are in a California state court. It's not entirely clear from your inquiry whether you are in state court, rather than a federal district court in the Bay Area (i.e., the United States District Court for the Northern District of California). If you are in federal court, you get only 3 extra days - not 5 as in state court - if you are served by mail. Thus, in federal court, you would receive 30 days from the date of service, plus 3 extra days for mail service. If the 33rd day falls on a Saturday, Sunday or federal court holiday, your response deadline would be the next business day.

    The response I have provided is not intended to create and does not create an ongoing duty to respond to questions. It also does not form an attorney-client relationship, and should not be relied upon as legal advice. It is based upon the limited facts provided by the posted question. To the extent additional or different facts exist, the response may change. I am licensed to practice law only in the State of California, although I am also admitted to practice in all of California's federal district courts and in the Ninth Circuit Court of Appeals. Responses are based solely on California law unless stated otherwise


  8. You have 30 days from date of service plus the number of days depending on method of service. See proof of service at the end of the interrogatories. If it is check marked mail, then add 5 days. if personal service is check marked, then you have the 30 days with no additional time, and if it was overnighted, you have 32 days. But, like some of my esteemed colleagues have mentioned, serve your responses early to avoid confusion. If you need additional time, prior to the elapsed time for responding, the other side is obligated to give you two additional weeks should you ask.

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