Legal Question in Civil Litigation in California
Limited Civil Court Form Interrogatories Question Subparts
In California Limited Civil Court, with regards to the 35 items of discovery limit, on Form Interrogatories such as DISC 004 question #102.2 states: state the date and place of your birth. Is this counted as just one question or is it counted as two questions due to the subparts? In the book ''Win Your Lawsuit: A Judges Guide ...'' he states lawyers often use form interrogatories and each subpart of a question is a seperate question and counts towards the 35 discovery limit. Is there a legal decision regarding this issue?
2 Answers from Attorneys
Re: Limited Civil Court Form Interrogatories Question Subparts
Even though it is part of our profession to split hairs, I agree with Mr. Cohen that I have never encounter any attorney who tried to object that that constitutes two questions. Sometimes you can get around the subpart issue by slightly rewording the question. Instead of asking state the name, address, and telephone number of all witnesses, which is 3 questions, you may be able to get away with one question worded "as to all witnesses, please identify them fully by stating their name and all other identifying information [that includes name, address, telephone and fax number, e-mail address, etc.]. If the other sides objects, you can work out some resolution.
Re: Limited Civil Court Form Interrogatories Question Subparts
Although the interrogatory asks two questions, I've never seen anyone object to it as actually constituting two questions. Technically, one could, I suppose. Typically, each interrogatory is counted toward the 35. Don't forget to include document requests among the 35.
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