Legal Question in Civil Litigation in California

Re: Time frame for answers to interrogatories

Ms. Lewis's answer is generally correct, but there are a few more details worth mentioning.

If this is an unlawful detainer case (e.g. an eviction proceeding), the responses are due five days after service.

As she says, the time frame in most types of cases is 30 days from the date of service if the interrogatories were served personally. An additional five days is added if they are served by mail to an address in California (i.e., a total of 35 days from the date of mailing), but this increased to 10 extra days (40 days total) if they are mailed to an address in the U.S. but outise of California and 15 extra days (45 days total) if mailed to an address outside the U.S..

If the interrogatories were served by overnight delivery service (e.g., FedEx or UPS Next Day Air), then an additional two days are added (32 days total) even if you are outside of California. Service by fax also allows an additional two days, but there are strict requirements for fax service including a signed authorization from the recipient; if these requirements aren't met, the service is invalid.

Finally, if the due date falls on a Saturday, Sunday or court holiday, responses are not due until the next weekday.

All of these dates can be extended by agreement between the asking party and the answering party; such extensions are customarily granted unless there is unusual time pressue, such as an impending trial date. However, you need to request the extension BEFORE your time runs out!

If the due date passes and no responses are served, you will waive any objections you might have -- including objections based on the attorney-client privilege. The asking party can seek an order from the court directing you to respond fully and without objection, although you can seek an order excusing your delay.

Unfortunately, because the LawGuru people were backed up when you submitted this question, 36 days have passed since it was posted. I hope you get this information on time.

Re: Time frame for answers to interrogatories

In a California Superior Court action, you must serve responses to interrogatories within thirty (30) days of the date the interrogatories were served on you. This 30 days is counted from the date of mailing to you or the date of actual personal service. If mailing is done, you may add 5 more days.

If you need help with preparing the proper format to interrogatory questions, please contact either myself or an attorney in your community. Good luck to you. Patty Lewis.