Home > Research Legal Advice > Litigation > Is there a price to pay for sending a Request for Interrogatories too soon?
Asked 3 months ago - Compton, CA
FlagI 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.
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."
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.
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