Legal Question in Administrative Law in California
Interrogatories and RFA
Mine is an unlimited case in a civil lawsuit.
1) What interrogatory form do I need to use?
2) What form I need to use to Requests For Admissions?
3) Is my understanding correct that interrogatories and RFA should not exceed 35 questions each?
4) Can I send interrogatories and RFA together to the same defendant?
Thank you so much.
2 Answers from Attorneys
Re: Interrogatories and RFA
1) The Judicial Council has developed a form for so-called Form Interrogatories that elicit general information from an opponent. They are check-the-box questions and thus are widely used, but often are way too unspecific to get what you want, so Specially-Prepared Interrogatories are often used in addition. There is thus no "form" for them, but there is a required 'format' just as there is for all papers in a lawsuit.
2) There is also a Judicial Councit form for Requests for Admissions.
3) If you ask more than 35 specially-prepared interrogatories or more than 35 RFAs other than as to the authenticity of documents, you need to prepare and attach a formal declaration stating why the circumstances of the case require more to be asked,
4) Yes. Be sure to onserve the proof of service requirements, and also note that discovery papers are NOT files with the court.
Designing and formatting discovery demands is an art, and to be successful in avoiding objections to your discovery you may need to study a bit of law, including looking at other examples.
The Judicial Council forms are available on line at www.courts.ca.gov
Re: Interrogatories and RFA
The court has pre-printed standard Interrogatories; by using these form questions, you should be able to avoid objections, even though some may have more than one part to them. There are no approved form RFA; largely they are a waste of time as the standard attorney response is that at this time lack sufficient information to respond. So they are worthwhile only to get an admission of something cruical to the case that has not yet been admitted and they seem likely to deny to some extent, such as "you went through a traffic signal light controlling your direction of movement that had turned or was red before your vehicle entered the intersection." Be sure to include as an Request for Production a request for all written, etc. material upon which any denial of an RFA is based and an interrogatory for the reasons any RFA is not fully admitted [not just lack of current information].
Both types of discovery can be sent out together [all three can be] and to the same Defendant. The number you can ask is per defendant and not a total per case.
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