Legal Question in Civil Litigation in California
When I serve a discovery in a lawsuit, do I have to include a copy of all the discovery papers along with the prove of service I mail to court. I know I mail a copy to the plaintiff and the proof of service to the court, I'm just confused as to whether I should include a copy of all the discovery papers as well so the county has it on file since from I'm told I am not required to file the discovery papers in court just the proof of service.
Thanks so much to Mr. McCormick and Mr. Cohen for answering my question earlier.
2 Answers from Attorneys
You don't file discovery with the court, or the proof of service with the court at all. The only time that discovery gets filed with the court is:
(a) A motion concerning the discovery is filed with the court concerning a response or lack thereof, in which case the discovery is usually an exhibit.
(b) Attached as an exhibit to Evidence in Support of a Motion for Summary Judgment or Evidence in opposition to a Motion for Summary Judgment.
(c) As an exhibit at trial.
You send nothing to do with discovery to the court, not even the proof of service, unless it is later submitted as evidence in the situations Mr. Roach describes.
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