Skip to main content

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

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. Best answer

    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. 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.


  3. 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. 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 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.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics