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Is there a price to pay for sending a Request for Interrogatories too soon?

Compton, CA |
Filed under: Discovery

I just got to wondering, if I served a Request for Interrogatories on 1/23/13, but the defendant didn't file his answer until 1/31/13, did I send those too soon? Do I have to resend them? Or do they now not have to answer them? Or was I within the rules or codes or statute requirements? Thank you.

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Attorney answers 5

Posted

The answer is going to depend upon what interrogatories you served. For example, if you were asking for background information about the defendant, there is no harm in sending out such discovery requests. However, if you are asking contention interrogatories or form interrogatory no. 15.1, it would be premature to propound such discovery before the defendant has an answer n=on file.

Pursuant to Code of Civil Procedure section 2030.020, subdivision (b), " A plaintiff may propound interrogatories to a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first."

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.

Posted

Since a Party's 2 week delay in Answering interrogatories is unlikely to result in a penalty to that party, you don't lose anything by reserving the interrogatories, if you cannot reach an agreement with the other side as to when their response is do. Ordinarily, discovery requests are not served until a party appears in the lawsuit.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

Not the law in California. Can serve written discovery 10 days after complaint served.

Posted

talk to a local lawyer and get some asisstance.

Posted

Sending the answers to the interrogatories fast shows the other side that you are prepared and ready to move the case. I always get the answers to the defense within ten days, this way when I go to notice the case for trial, I don't get the defense barking that they don't have discovery.

Posted

If the defendant had not answered yet, you would have had to serve the interrogatories by personal service. Only when the defendant answers is there an address to which you could mail them.

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