Legal Question in Civil Litigation in California

If the opposing party improperly serves a document (not within the time frame the Civil Code Procedures requires it be served within) is it perfectly okay to ignore it? ( This is regarding CCP Section 96.) I came across a website with a comment that suggested ignoring the document, but could doing so make you liable to pay court sanctions?

The document in question must be served "no more than 30-45 days before the trial" and the trial is approximately 4 months away.

What should I do?

Any input would be greatly appreciated. Thank you!


Asked on 3/11/11, 8:07 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Do you mean a Request for Statement of Witnesses and Evidence? If it's served more than 45 days before the trial, ignore it. Then, 29 days before trial, write them a letter or serve them with an appropriate objection on pleading paper, objecting to their request as premature.

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Answered on 3/11/11, 8:22 pm


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