Legal Question in Civil Litigation in California

I received a discovery request that demanded me to produce all the documents listed under "Exhibit I". However, the there was no "Exhibit I" attached to the request for production. Instead, there was a list of requests at the end titled "Requests". When the mistake was pointed out, the original request was corrected and the attorney sent me an amended copy, i.e., the section titled "Requests" was renamed to "Exhibit I". The attorney wrote a letter stating that the amended version was only to make things "clear", but I was still required to respond by the date specified in the original request. The amended request was received about 20 days after the original request (that had the mistake). Am I required to respond by the date specified in the original request or 30 days from the amended request? I could not find anything in the California Code of Civil Procedure that would answer my question. Any pointers to relevant CCP or case law would be appreciated. Thank You.


Asked on 10/07/09, 2:53 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If it was mailed to you, you would have 35 days from the date the original was put in the mail to mail your response. The missing list seems to be form over substance. Courts frown upon discovery gamesmanship. If you can't get it done on time, you should at least serve your objections by the due date to preserve them, and ask plaintiff's attorney for an extension as you gather the documents. Get a confirmation in writing.

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Answered on 10/07/09, 5:02 am


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