Legal Question in Personal Injury in California

Can Form Interrogatories become due before 1st Case Management Conference, or before a trial date is set in civil, Personal injury case.


Asked on 7/05/10, 10:07 am

4 Answers from Attorneys

BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

Yes before either one.

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Answered on 7/05/10, 1:16 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Form interrogatories are generally due on the 35th day after you serve them by mail. The due date must be 30 or more days before trial. You can search the Code of Civil Procedure at www.leginfo.ca.gov. If you are trying to do your own personal injury case, good luck with that.

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Answered on 7/05/10, 1:39 pm
Robert F. Cohen Law Office of Robert F. Cohen

You can serve interrogatories, document demands, and requests for admission, and take at least one deposition (all called "discovery") at any time during the case (with a delay at the beginning for the plaintiff). However, responses must be due at least 30 days before trial or they are objectionable.

It's often wise to get the interrogatories and maybe the deposition out of the way before the case management conference, so that the parties have a good idea of the facts that the other side will be raising. A few judges like to take a hands-on approach during the case management conference and inquire about each side's position, the expected length of trial, the dollar value of the case, etc.

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Answered on 7/05/10, 1:49 pm

It is actually EXPECTED that they be served before, though often they are not.

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Answered on 7/06/10, 12:39 pm


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