They did not serve me but the mail was postmarked June 25th sent by regular mail I received without signing on June 26th. Based on my discovery cutoff date, do I need to respond?
With a trial date of August 25, your discovery cut-off (e.g., your discovery completion date) is 30 days before the trial date, or July 26. Discovery is deemed "complete" when both the requests AND their responses have been served within statutory time limits. Assuming from your facts that the document demand was served by mail on June 25, you would have a total of 35 days from the date the demand was served to respond (30 days plus five additional days for service by mail) which means your deadline to respond is July 30, four days AFTER the discovery completion deadline. The inspection demand is untimely because it cannot be completed (e.g. served and responded to) on or before the July 26 discovery completion deadline. Therefore you need not respond. Out of an abundance of caution, however, you may wish to serve a general objection to the demand as untimely. Best of luck to you.
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Divorce / Separation Lawyer
Date of service is not the date of post mark or the date it was received. The date of service is the date listed on the Proof of Service attached to the discovery questions/demands. Because it was mailed you have 35 days to respond. 35 days from the date the proof of service says the document was served. As the other attorney said, the discovery cut off is 30 days before trial. Therefore if the date of service necessitates a response be served less than 30 days before trial, then the requests are untimely. You should respond with the appropriate objection instead of not responding at all.
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Divorce / Separation Lawyer
If you have a lawyer go in and discuss your questions in person. If you do not have a lawyer you really should hire one ASAP.
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