If other party sent form objections to discovery request I sent but I did not meet and confer within the 45 days deadline, can I send a supplemental discovery request (no trial date set) and attack the objections then? Or do I just send all new discovery requests and be more attentive to the 45 day deadline?
If the responding party objected to the discovery and you did not meet and confer and then file a motion to compel further responses within the 45 day (or 50 day) deadline, then you are prohibited from filing a motion to compel further responses.
You cannot send the same exact discovery requests to which the responding party objected (nor would you want to). Nor would it make sense to propound a "supplemental" discovery request (which is used to obtain updated information) if the requests themselves are objectionable.
However, you can send a second (new) set of discovery requests which are more specifically tailored to obtain the information or documents you seek. Just make sure you also include and attach a "declaration of necessity" if you exceed the 35 special interrogatories or 35 request for admissions.
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.
I agree with Mr.Chen. Timing is sometimes half the battle in litigation. You should draft new discovery, which is not objectionable, serve with it a declaration for additional discovery if your number of questions in your new discovery, added to the number of questions in your former discovery, go over 35 special interrogatories or 35 requests for admissions. Here is a link for the declaration format: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2030.010-2030.090
Then, when you serve the new discovery: (1) calendar the date the responses are due to be served (35 days if you served your discovery by mail) and then, (2) calendar 45 days (50 by mail) from the date the discovery responses are served on you. This is the last date to file a motion to compel. Best practice here is to "tickle" these events on your calendar so they show up well in advance. If you determine the responses are insufficient next time around, meet & confer with opposing counsel right away, in a good faith effort to resolve the dispute, and if that fails, calendar, file, and serve a motion to compel further responses, with a request for monetary sanctions for fees and costs incurred in bringing the motion. I hope this helps. Good luck!
Another tactic you can try is to serve a deposition notice and include the same requests for document production as part of the deposition notice. The request for admissions and form interrogatory questions can be asked during the deposition.
But as the other attorneys replied, generally, if the 45 day deadline passes, you cannot reserve the discovery or attack the objections at a later date.
You should consult an attorney regarding the specific facts of your situation outlined above.
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