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Questions about Discovery "Rule of 35"

Los Angeles, CA |
Filed under: Discovery Sued for debt

1)if i made 11 demands for production and 9 of them got objected does it mean i can ask 33 Interrogatories now?

2)If I served demands for production first and titled it REQUEST FOR IDENTIFICATION AND PRODUCTION OF DOCUMENTS AND TANGIBLE THINGS, SET NO. ONE.
do i title Interrogatories as DEFENDANT’S INTERROGATORIES DIRECTED TO PLAINTIFF, SET NO. ONE or SET NO. TWO?

3) can i do traditional discovery and serve Statement of Witnesses and Evidence (Form DISC-015)?

Attorney Answers 3


  1. 1) No, it means you can now only propound 24 items of discovery.

    2) The interrogatories would be called Set No. 1.

    3) Yes, the DISC-015 is an alternative, separate and apart from traditional discovery, and is not subject to the Rule of 35.

    http://www.avvo.com/legal-guides/ugc/litigation-tips--the-rule-of-35-in-california?ref=kb_serp_title_1

    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 posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.


  2. The fact that there were objections to the requests does not give you more. if you need more, you can serve a declaratiuon, in the statutory language and with a legitmate basis, for why you need more.

    The interrogtraories would be Number 1, as they are the first set of interrogatories.

    Yes, you can do both


  3. The fact that there were objections to the requests does not give you more. if you need more, you can serve a declaratiuon, in the statutory language and with a legitmate basis, for why you need more.

    The interrogtraories would be Number 1, as they are the first set of interrogatories.

    Yes, you can do both

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