Legal Question in Construction Law in California

My wife and I are co-defendants on a limited civil lawsuit. We want to send the plaintiff form interrogatory, request for production of docs, and request of admissions. Do we server one set for the both of us (3 pleadings), or do we serve one set for each (6 pleadings)?

Asked on 8/27/14, 4:34 pm

2 Answers from Attorneys

Gary Redenbacher Redenbacher & Brown, LLP

It's best to serve discovery one to one i.e., you, as an individual, serve discovery on an individual plaintiff. There are a couple of reasons for this. One, there are sometimes limits on questions/requests each party can make on each individual. But since your wife is also a party, she has a full complement of questions, requests she can also ask. If you find yourself running out of requests that you can make, your wife can then start using her allotment. There are ways to get more requests, but it requires declarations, etc. The second reason is that you want to be sure that it is clear who is answering the question and to whom the response is directed. For example, say both you and your wife asked the question, "Did you see anyone run a red light?" If the answer comes back, "I saw you run the red light." Who is he talking about? You have to follow up. Better to just have a single individual asking a single individual (or business entity).

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Answered on 8/27/14, 4:54 pm
Paymon Bidari Bidari Civil Defense

Don't duplicate questions as each defendant is limited to how many questions s/he can propound. So each of you should be asking different questions. This way you can more questions collectively.

I exclusively practice civil defense. If you have any questions or concerns, please let me know.

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Answered on 8/28/14, 4:39 pm

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