How many Request For Production of Documents are allowed pursuant to California Code of Civil Procedure?

Asked over 1 year ago - Oxnard, CA

How many Request For Production of Documents are allowed pursuant to California Code of Civil Procedure in unlimited jurisdiction civil litigation? I propounded a 4th set to the new lawyer and have gotten no response yet. The trial judge would want a very good faith effort before allowing a reservation for MTC.

Attorney answers (4)

  1. James Allen Barringer

    Pro

    Contributor Level 4
    Best Answer
    chosen by asker

    Answered . I agree with Adrienne that there is no limit on the number of document requests -- other than the strictures against burdensome and oppressive demands, for which a protective order could be sought by your opponent. The "Rule of 35" applies to specially prepared interrogatories and to requests for admission (other than admission of the genuineness of documents).

  2. Adrienne Patricia Allen

    Contributor Level 15

    2

    Lawyers agree

    Answered . In unlimited civil jurisdiction, you are not limited as to the number of document requests. As long as you can show that each request is reasonable and relevant, you are entitled to request them. Four sets is unusual however, u less you are asking only a few questions in each set or it is a complex matter. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  3. Stuart Gregory Steingraber

    Contributor Level 18

    Answered . The starting point is to understand the so-called "Rule of 35". Generally, to prevent discovery abuses, a litigant is limited to 35 discovery items. You can combine form and special Interrogatories, Requests for Admission, Production of Documents, etc as long as they do not exceed a total of 35. However, if you file an affidavit of necessity, showing why you should be permitted to exceed the Rule of 35, you can ask more than 35 questions, document production, admissions, etc. Some exceptions to the Rule of 35 include not counting the questions in Form Interrogatories toward the 35. You need to consult with an attorney to successfully navigate the discovery minefield. The recipient of your discovery demands may ignore requests beyond the 35 which is why you have not obtained a response.

  4. Stuart Gregory Steingraber

    Contributor Level 18

    Answered . The starting point is to understand the so-called "Rule of 35". Generally, to prevent discovery abuses, a litigant is limited to 35 discovery items. You can combine form and special Interrogatories, Requests for Admission, Production of Documents, etc as long as they do not exceed a total of 35. However, if you file an affidavit of necessity, showing why you should be permitted to exceed the Rule of 35, you can ask more than 35 questions, document production, admissions, etc. Some exceptions to the Rule of 35 include not counting the questions in Form Interrogatories toward the 35. You need to consult with an attorney to successfully navigate the discovery minefield. The recipient of your discovery demands may ignore requests beyond the 35 which is why you have not obtained a response.

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