Interrogatories & Request for Admissions (First Set) California Court Rule

Asked over 4 years ago - Yorba Linda, CA

Subsequent to filing a response to a complaint (Civil Complaint under $25K) we received request for default judgment from the Plaintiff, the request was never filed with the court. Two months later, November 2009, we receive interrogatories and request for admissions, I have checked with the court and either pleading has been filed with the court.

In researching the court rules regarding discovery, it seems the interrogatories and request for admissions should have been filed with the court, &/or a request for discovery be granted by the court before serving them on the defendant.

Please advise if the request for Interrogatorie

Additional information

Please advise if the rquest have to be filed with the court and if they have to be answered if they have not been filed?

Attorney answers (3)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . Discovery requests like Requests for Admissions and Interrogatories aren't pleadings - only complaints and answers and demurrers and cross-complaints are pleadings --and are only served on all parties, not filed with the court unless they're exhibits to a motion, such as discovery motion to compel further responses.

    Litigation isn't for amateurs, and even non-liitgating lawyers find the plethora of rules and deadlines daunting. I suggest you hire a litigator to help you. Such a lack of basic knowledge doesn't bode well for your handling of your case.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Steven Alan Fink

    Contributor Level 20

    Answered . You have to respond to the interrogatories and the request for admissions within 30 days. If you do not respond, the request for admissions can be deemed admitted if Plaintiff files a motion. This will enable Plaintiff to get judgment against you.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  3. Kenneth Evan Chyten

    Contributor Level 14

    Answered . Discovery requests, such as interrrogatories and document requests, do not get filed with the court unless the propounding party files a motion to compel further responses.

    You must respond to this discovery within 30 days.

    If you fail to do so, all objections will be waived, and the plaintiff can bring a motion to compel in which you can be ordered to answer, and pay monetary sanctions.

    I would strongly urge you to consult immediately with a litigator skilled in this area of the law.

    PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.

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