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How soon do discovery requests have to be served before a discovery cut off date in CA Family Court?

San Jose, CA |
Filed under: Family law Discovery

We have a trial date of 1/8/14, and the judge set a discovery cut off date of 11/15/13. We just received a request to Form Roggs by mail sent on 11/5/13 and we received them 11/8/13. So we have less than 4 business days (not including weekend and holiday). Also, all of the Form Rogg requests have already been filed with the court and are available for the Petioner to get the file and copy them. Do we have to serve our answers/objections by 11/15 or within 30 days?

The minute order states "Discovery to close on 11-15-13, with the exception to any further orders the court makes on the respondents motion to compel". We are the respondent, we had a motion to compel granted and have an issue sanction motion that has been continued 4 times and final hearing is on 11/18/13. We also have a Settlement Conference on 12/16/13 and the trial date of 1/8/14.

Attorney Answers 3

  1. Generally, discovery responses have to be provided within 30 days of service plus another 5 days if served by mail. Here, the facts are unclear as to the Order. Did the Order state that all discovery must be propounded no later than 11/15 such that responses have to be provided within 30 days later? Or, does the Order require that discovery must be propounded early enough so that you have to respond by 11/15 - but still have 30 days for that response - i.e. discovery has to be served by 10/15.

    I suspect the Order requires discovery to be propounded no later than 11/15 and that you have 30 days to respond - meaning to 12/15. Normally, non expert discovery cuts off 30 days before trial which in our case would be 12/8/13.

    Consult a family law attorney who can best advise you on course of action. All the best.

    The information above is NOT LEGAL ADVICE and you should not rely on it. Providing information on Avvo does NOT create an attorney-client relationship even if there is a back and forth exchange between us. The relationship can be created only if we both sign a written agreement and you have paid fees as required.

  2. Mr. Mathew is correct, you have to carefully read the language contained in your court order. As stated, it can go either way; in summary, the Order will speak for itself. If you can't discern from the Order, then you can request a copy of the clerk's minutes or obtain the transcript from the court reporter, if there was a court reporter present.

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  3. I agree with the prior posters and just wanted to chime in to additionally note that you generally don't file discovery responses (or requests) with the court. You don't explain how or why this got filed with the court, but having filed something with the court does not necessarily relieve you from your duty to serve answers directly to the party who propounded discovery on you. If you've previously answered the same discovery requests you usually need to either make timely objections to the discovery being propounded again or answer again, updating your prior answers.

    The answer above does not constitute legal advise and is not based on any confidential information provided by the poster. Each situation is specific in nature and any answer offered is based only upon the information provided by the poster; the attorney does not warrant the answer is applicable to the poster's situation. This answer does not create an attorney-client relationship.

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