Legal Question in Civil Litigation in California

Discovery Cut Off Date in Civil Complaint

Aomplaint is filed, scheduling conference held and Discovery cut off date set - let's say July 1st.

Does that mean all Discovery materials must be in hand by July first or that and Discovery type actions. . .docment requests, interrogatories, etc. have to be served by July 1st?

All help appreciated much!

Asked on 3/28/02, 10:20 pm

3 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Discovery Cut Off Date in Civil Complaint

A motion concerning discovery may be heard after the discovery cut--off date. But there is a cut--off date for this too. And you can always use the subpoena process to get documents and do depositions all the way up to and even during trial (although there are some time lims on this process too, i.e. 20 days notice to a consumer, etc.) And a court may extend discovery cut off by an ex parte motion, and they usually do. Discovery cut--off means the last day to ask questions, not the last day to answer them. Actually it is quite a quagmire. Discovery becomes very relevant at the time of trial. That is when you will see why they asked the questions they did and why they made the objections they did--boy are you in for a quick learning experience.

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Answered on 3/29/02, 12:53 pm

Larry Rothman Larry Rothman & Associates

Re: Discovery Cut Off Date in Civil Complaint

The discovery cut off date is the last day in which to serve and make motions with regard to discovery. I suggest that you complete discvoery as soon as possible so you are not up to the deadline.

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Answered on 3/29/02, 2:31 pm
Victor Hobbs Victor E. Hobbs

Re: Discovery Cut Off Date in Civil Complaint

This normally means that you've served discovery received responses; and filed and served all motions to compel by discovery cut off date. So unless you've received special instructions from the judge. That's it.

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Answered on 3/28/02, 10:47 pm

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