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Discovery and propounding party question

San Luis Obispo, CA |

There are two defendants in my case. If Defendants plural served discovery(special interrogatories, document production, requests for admission) on me, and stated that the propounding party was Defendants plural and then the short title of the case which is the first defendant's name, and the proof of service says the same thing, and the caption to the right of the case title on the first page says the same thing, Defendants plural, then is the propounding party both defendants?
The short title of the case is the name of the company I'm suing, and the owner of the company as an individual is the second defendant.

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Attorney answers 3

Best Answer
Posted

If the discovery says it is "defendants' " (note the apostrophe after the "s") then it is discovery being served by both defendants. If the apostrophe is in front of the "s" then it is singular and the discovery is only coming from one defendant and you will have to read it closely to figure out which one. Still, the court can allow more interrogatories, etc, when requested, if your point is the limit on the number of interrogatories or admission requests. Lawyers don't always pay careful attention to the rules of grammar and I often see this error. I wouldn't pay it too much mind. If this answer was helpful, please give it a Vote UP review below. Thanks for asking and good luck.

This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.

Asker

Posted

Great answer! There's no apostraphe. And there's no apostraphe after the company's name in the proof of service or in the caption to the right of the title.

Posted

The answer to the question of who is the propounding party is found where it says PROPOUNDING PARTY: immediately below the title of the case on the first page of the discovery requests. It is not necessarily what the caption says, nor what the short title of the case says.

Therefore, look for where it says:

PROPOUNDING PARTY: xxxx
RESPONDING PARTY: yyyy
SET NUMBER: zzz

Frank W. Chen is licensed to practice law in the State of California only. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

Posted

Honestly, it probably does not matter, unless the defendants have exceeded the allowable number of requests.

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