Legal Question in Family Law in California
Iwant to send request for admission to my wife totall 42 requests.Do I have to send some declaration because my pointas are more than 35 admission request.And how much time I need to give them to respond
2 Answers from Attorneys
The time to respond is the same, regardless of how many RFA's are in the set.
Mr. McCormick didn't fully answer your question, but don't hold that against him. It is tiring to respond fully, because teaching people who are representing themselves how to do discovery is time consuming and exhausting. It is a lot like trying to explain how to perform surgery over a telephone.
It depends on what the requests for admission are composed of. If they are for genuineness of documents, you can propound as many as it takes. (Code Civ. Proc., sect. 2033.020, subd. (a).)
If you intend to propound more than 35 requests for admission of fact, then you will need to submit a declaration for additional discovery as set forth in Code of Civil Procedure section 2033.050. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2033.010-2033.080
The responding party will have 30 days to respond, which runs from the time service is complete. If you serve the requests by mail, to an address in the state, they will have 5 additional days.