Legal Question in Business Law in California

Discovery

I am acting Pro Per as the Plaintiff in a Breach Of Contract suit, and X-Defendant in the Cross-Complaint. The case is now in the Discovery phase. I sent a Discovery request, by mail, to the opposing attorney almost four weeks ago, and thus far haven't had any response whatsoever. The Discovery period is rapidly coming to a close. Is the opposing attorney required to respond to my request?? and what should I do if he doesn't


Asked on 3/02/07, 1:01 pm

4 Answers from Attorneys

Ali Oromchian Dental Counsel

Re: Discovery

If you have properly served the defendant, and he has not responded, then you can file a request to compel production of documents with the court.

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Answered on 3/02/07, 1:20 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Discovery

If you served the discovery requests by mail, the opposing party has 35 days from the date of mailing to respond.

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Answered on 3/02/07, 1:30 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Discovery

Responses to discovery you sent out "almost four weeks ago" are not due yet. Parties have 30 days in which to respond to written discovery. If the discovery requests are served by mail the responding party gets an additional five days.

Whether and how completely the opposing party will respond will depend upon whether you drafted your requests properly. If you did not send proper requests the other side may not have to respond at all.

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Answered on 3/02/07, 2:13 pm
Timothy J. Walton Internet Attorney

Re: Discovery

If you have not gotten a response within the set time period, then you can move to compel without meeting and conferring.

However, if you do get responses that are timely sent, then you have a duty to meet and confer before moving to compel, even if their reasons are ridiculous.

If you did not consult the appropriate section of the code of civil procedure before sending the discovery, then do so immediately.

Filing a motion to compel (even a winning motion) can also result in sanctions against you, so be sure that you are doing it right. If you consult an attorney, then you can request those costs as sanctions against your opponent, even if you are in pro per.

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Answered on 3/02/07, 5:48 pm


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