Skip to main content

Serving responses on interrogatories.

Long Beach, CA |
Filed under: Litigation

I prepared responses with corresponding docs for the interrogatories my ex services me with. I asked my friend to mail that to me with the prof of service copy included in the envelope. Should I file it with the court too (he proof of service form?) thanks!

Attorney Answers 6

Posted

The answers and responses need to be mailed with the proof of service and sent to the atty for your ex, or to her if she is representing herself.

Mark as helpful

1 found this helpful

5 lawyers agree

Posted

Interrogatory responses, like all forms of discovery responses, are not filed with the court. You should just retain the proof of service, in case there is any question about whether the responses were served.

Mark as helpful

1 found this helpful

13 lawyers agree

Posted

No, discovery does not get filed with the court unless there is an issue or dispute over one of the responses, and then only as part of either a motion to compel or a motion to compel further responses.

DISCLAIMER The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice. Transmission or receipt of any information from this, or any, website does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of an attorney. The law is constantly changing, the materials appearing on this website are not guaranteed to be up-to-date. The application of law is dependent on the facts of each case, and no two cases are ever similar. It is important that users of this site realize that it is risky to assume that their case is identical to someone else's, without consulting with an attorney.

Mark as helpful

1 found this helpful

11 lawyers agree

Posted

No discovery responses get filed with the court (unless they are exhibits to motions or other small exceptions.)

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Mark as helpful

1 found this helpful

7 lawyers agree

Posted

Concur with answers above. Originals are mailed to the other side. You should also include a proof of service with the mailing.

Mark as helpful

1 found this helpful

8 lawyers agree

Posted

Your friend should have served the interrogatory responses by mail on the opposing attorney or party along with a verification (in which you swear your answers are accurate) and proof of service. I'm not sure what you mean by "responses with corresponding docs" but hopefully you are not sending documents in response to the interrogatories. Unless there are appropriate circumstances, you can not answer interrogatories by simply attaching documents. There are exceptions if responding to the interrogatory will be burdensome and the burden is the same on yourself as the requesting party, but you must cite the proper language in the Code of Civil Procedure if you wish to invoke your right to produce documents in lieu of answering the interrogatory.

You should always seek the aide of an attorney in discovery and other legal matters. This response is not meant as general legal advice.

Mark as helpful

1 found this helpful

4 lawyers agree

Litigation topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics