Legal Question in Civil Litigation in California

135 special interrogatories were served upon opposition. Opposition responded with 5-10 objections per interrogatory, most of which were followed by an avoidance response. For each boilerplate objection i drafted a 3-10 sentence boilerplate rebuttal. I also drafted a10-sentence boilerplate argument why further response should be compelled with sanctions. In drafting the seperate statement, Is it typical to include the text of each pertinent rebuttal to each objection to each interrogatory plus the argument to compel further response, or is it typical to refer "see rebuttal above" for each subsequent boilerplate useage of text. 100pgs vs 200+pgs. Any insights appreciated.


Asked on 7/16/12, 9:16 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

The specific answer is yes, you must set forth the text of the interrogatory verbatim, you must set forth the response verbatim, and you must set forth reasons why further response should be compelled. But that is not going to help you.

You're in a discovery war. If you are representing yourself, and the other side is represented by counsel you are standing into serious danger. The only analogy that I can think of is the Titanic, steaming full speed in the dark towards an iceberg. There are all kinds of rules governing discovery and discovery motions. Books are written just for discovery procedures in California, and the guidelines are too numerous to list here.

If you don't get an attorney, you risk losing your case and being sanctioned.

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Answered on 7/16/12, 8:24 pm


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