Questions about Discovery "Rule of 35"

Asked over 2 years ago - Los Angeles, CA

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. Frank Wei-Hong Chen

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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...

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Elizabeth Smith-Chavez

    Contributor Level 12

    5

    Lawyers agree

    Answered . 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. Elizabeth Smith-Chavez

    Contributor Level 12

    4

    Lawyers agree

    Answered . 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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