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Verification in the discovery in a limited civil case

San Jose, CA |

I have served special interrogatories and requests for admissions to defendants. Their responses came without verification. Since responses were not adequate, I sent them meet and confer letter. They responded to this letter again without verification. I had the phone conference with defendants' attorneys and they told me that the person who needs to do verification is out of the county.

My discovery requests were sent on May 30 and upon this date I don't have verification. They told me that they may send it to me within next few weeks. We also agreed that I will change my discovery requests and they will send responses which may be with verification.

They acknowledged that I have right for verification. What measures can I do against them since they obviously violated rules?

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Attorney answers 4


You are entitled to verified responses. Unverified responses are tantamount to no responses at all. As such, you could just file a motion to compel responses (without needing to meet and confer, and without needing to file a separate statement with the motion to compel).

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, please consult with your own attorney.



Thank you very much, Mr. Chen. Could I now request them to respond without objections to my discovery requests (as they are considered to provide no responses) and give them a week and then if they object or do not respond it time, file these motions?


it is very common to serve discovery responses with the verification to follow.


Discovery responses need to be verified.
If the response was prepared by just the attorney and is solely objections, then a verification is usually not necessary.
If they answered any of the questions, then verification is required, and failure to verify is the same as if they did not answer at all. If they are going to provide a verification within a short period, it might be simpler to just wait, but you could file a motion to compel and to deem their answers admitted.


Unverified responses are meaningless as they are not under oath. Further, all objections to the discovery are waived as a matter of law. You should file a motion to have the requests for admission deemed admitted. You should file a separate motion to compel responses to the special interrogatories.

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