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Is there a fee to file with the court a request for written documentation? (discovery request)

Cerritos, CA |
Filed under: Discovery

I've faxed a copy of my discovery request into the LA Norwalk court to file but have not seen it go through; was wondering if there were any fees associated with that besides the facsimile charge?

Attorney Answers 4

Posted

1) Discovery request (or responses) are not filed with the court (2) therefore no fee.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

It hasn't gone through because the court is not accepting it. Discovery requests are only served on the parties to the case (all of them irrespective of who is answering). They are not filed with the court.

While I am an attorney, I am not your attorney. You should always speak with your own attorney to gain full and complete legal advice.

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Asker

Posted

Ah, makes sense now. Thank you! :)

Asker

Posted

Would a proof of service be required then?

Alison Swicker Gokal

Alison Swicker Gokal

Posted

a proof of service should be attached to the discovery your propounded. No need to file that with the court either.

Asker

Posted

POS-030 wasn't attached with the discovery request; I don't need to file a POS-030 with the court? Should I anyways just to show the court I attempted on that date?

Posted

There isn't a filing fee because discovery requests and discovery responses are not filed with the court. The discovery documents are only served between the parties.

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.

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Asker

Posted

Thank you, is proof of service by mail required to be filed with the court? If not, do you recommend anyways as a way to keep track of the dates?

Posted

My colleagues are correct. The discovery has to be served on the other party in one of several methods: (a) by mail; (b) in person; (c) by fax if you have an agreement; (d) by overnight mail or (e) by email if you have an agreement. The obligation of the other party to respond to your discovery request will depend on how you serve it. You should get help on this from an experienced civil litigation attorney.

I don't intend the foregoing to be legal advice but just a general answer to a question based on Avvo's rules. In particular, you are not my client. I am not your lawyer. For further details on this issue, you should consult an attorney.

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Asker

Posted

May I please get some clarification on the obligation part regarding method of service?

Michael Charles Doland

Michael Charles Doland

Posted

Respectfully, if you agree and press the "I agree" button, you get 2 points and the other attorney 5 points. Since it is 30,000 points from Avvo level 19 to Avvo level 20, I am sure you understand.

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