Legal Question in Civil Litigation in California

We are being sued and can not afford an attorney. We are required to respond to questions being asked. Does our response have to be in a legal format? If so, what is the form we need to use?


Asked on 9/19/10, 10:41 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If they're interrogatories, you should respond to each one by number (i.e. Response to Interrogatory No. 1: ) as directly as possible. However, if something is objectionable, you should state your objection to that part or the entire interrogatory. If there are subparts in form interrogatories, only, you should number your responses and the lettered subparts. It does not have to be on pleading paper, but it should attach a verification of the response. You might find a form verification on the Judicial Council's forms website.

If they're requests for admission, you must respond: admit, deny, or object to the part of the request that is objectionable. Again, your answers must be verified.

Finally, you should attach a completed proof of service by a third party, and mail the ORIGINAL to the requesting party and keep a copy for your records. Your responses must be mailed within 30 days plus an additional 5 days if they were mailed to you in California.

I hope all of this helps.

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Answered on 9/24/10, 11:59 am

Mr. Cohen's information is correct. However, if I hadn't gone to law school, I don't think I'd really know how to follow it, since there is so much more to responding to formal questions in litigation than he has (or could, really) tell you in an internet Question and Answer format. The big problem with handling discovery representing yourself, is that if you don't get it right the other side can have you sanctioned (fined) and ordered to do it right. Eventually if you don't get it right after several opportunities, the court can essentially order the case decided against you without a trial due to failure to properly respond to discovery. And even if you manage to get the discovery responses right, I also have never heard of a person representing themselves winning against a party represented by lawyers. So the bottom line is that if you really cannot afford an attorney, you need to either negotiate a settlement or consult a bankruptcy attorney. You may as well pay them or file bankruptcy now, as later after you lose.

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Answered on 9/24/10, 12:21 pm


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