Legal Question in Credit and Debt Law in California
Discovery cut off date
I have a Case Management Conference on a Thursday and the Defendants lawyer scheduled a discovery cut off date two days later - on a Saturday. Is this normal? I have not recieved any questions from their side, either.
2 Answers from Attorneys
Re: Discovery cut off date
In some courts a discovery cut off is based on the initial trial date (counting backwards to whatever date it happens to fall on), but it can sometimes be set and reset in various different ways. Discuss this and any other concerns you have about your case with your attorney right away. The strategy behind a particular discovery plan and how to defend or prosecute an action can be very complex and often "makes or breaks" the case.
Re: Discovery cut off date
Your question doesn't give any information about when the lawsuit was filed, how old it is, whether you have had any other Case Management Conferences or whether a trial date has been scheduled, so your question is a little hard to respond to; however,generally, a party to a civil lawsuit is entitled to conduct discovery until the 30th day BEFORE TRIAL and to have all motions concerning discovery heard at least 15 days before trial. California Code of Civil Procedure section 2024.020. The "discovery cut-off date" is not "schduled" by the attorneys and does not have anything to do with a Case Management Conference. Unless your case is more than a few months old (which is when a Case Management Conference is generally scheduled), it doesn't make sense that you have a Case Management Conferece only 2 days before the discovery cut-off date; and hence, only 32 days before the trial. Moreover, with few exceptions, when the doing of an act falls on a weekend or holiday, the date to do the act is extended until the next business day.