Legal Question in Civil Litigation in California
If Discovery Responses are due on a certain date, is the due date the date the responses have to be mailed? Or the date the responses have to be in the propounding party's possession?
4 Answers from Attorneys
The responses must be served (mailed, personally delivered, etc.) no later than the due date.
Normally, that is the date you need to have them mailed, not the date they need to receive them. But if you are under a court order to provide responses or further responses after a motion to compel was granted, then you need to comply with the specific terms of the court's order.
Usually it is the date the responses need to be mailed. Per the California Code of Civil Procedure, the responses are due within 30 days plus 5 days for mailing. Please note that if the discovery was served via personal service, then the responses must be received on the due date.