First off, thank you very much to everybody who has helped me here so far. I am immensely grateful to you.
I am starting the discovery on my limited civil case. I am preparing my 1st interrogatory to defendants. How many questions can I have in it?
Many thanks again.
If this is a limited jurisdiction case, you have to be careful. In California, the right to conduct discovery in civil lawsuits of disputes under $25,000 (limited jurisdiction) governed by Code of Civil Procedure sections 94 and 95. Discovery is limited by the "Rule of 35", which means there is a limit of any combination of 35 of the following:
(1) Interrogatories (with no subparts) under Chapter 13
(commencing with Section 2030.010) of Title 4 of Part 4.
(2) Demands to produce documents or things under Chapter 14
(commencing with Section 2031.010) of Title 4 of Part 4.
(3) Requests for admission (with no subparts) under Chapter 16
(commencing with Section 2033.010) of Title 4 of Part 4.
Each side is also only entitled to take one oral or written deposition.
As an alternative to traditional discovery, California Code of Civil Procedure section 93 gives the plaintiff an option of serving a Case Questionnaire with the complaint, using forms approved by the Judicial Council. The Case Questionnaire (Form DISC-010) is designed to elicit fundamental information about each party's case, including names and addresses of all witnesses with knowledge of any relevant facts, a list of all documents relevant to the case, a statement of the nature and amount of damages, and information covering insurance coverages, injuries and treating physicians.
Finally, California Code of Civil Procedure section 96 afford yet another alternative to traditional discovery. Any party may serve a Request for Statement of Witnesses and Evidence (Form DISC-015) no more than 45 days or less than 30 days prior to the date first set for trial.
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. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Mr. Chen has provided an excellent and comprehensive response.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
Both Mr. Chen and Mr. Lee have provided great advice. In thinking about your question, I would add that you may consider using form Interrogatories designed to be used in limited civil cases. Here is the link: http://forms.lp.findlaw.com/form/courtforms/state/ca/ca000403.pdf. Read the introduction for explanation of use. Essentially, you check the boxes you want answered, prepare a proof of service and serve them on the opposing party by mail. They are not filed with the Court. Also, if you draft your own Interrogatories, do not use "definitions" before the questions and do not have "subparts" to your questions. Good luck!
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline