California Written Discovery: Interrogatories, RFAs, RFPs & Depositions

❓ Interrogatories: Form vs. Special

📝 Form Interrogatories (DISC-001)

Form interrogatories are standardized questions approved by the Judicial Council. They're organized by category:

📋 Special Interrogatories: The 35-Limit Rule

Under CCP 2030.030, you can propound up to 35 special interrogatories without a declaration. The count includes:

• Each discrete question counts as one interrogatory
• Subparts that are "reasonably related" count as one interrogatory
• Subparts that could stand alone as separate questions count separately

Exceeding the 35 Limit

To propound more than 35 special interrogatories, you must include a declaration stating:

1. You've made a reasonable and good faith inquiry
2. Each interrogatory is necessary for proper preparation of the case or trial
3. None of the interrogatories is intended to harass or burden the responding party

💬 Responding to Interrogatories

Responses must be served within 30 days of service of the interrogatories (CCP 2030.260). If served by mail, add 5 days. If served electronically, add 2 court days.

Each response must be:

• Under oath (verified by the party, not just signed by counsel)
• Complete as to the question asked
• Based on reasonable inquiry of documents and persons with knowledge

Response Options

✅ Requests for Admission: The Deemed Admitted Trap

⚠ The Deemed Admitted Rule: CCP 2033.280

Unlike other discovery tools, RFAs have automatic consequences for non-response:

• If no response is served within the deadline, the propounding party may move for an order deeming the matters admitted
• The court shall grant the motion if the responses weren't served before the hearing
• Deemed admissions are conclusive for purposes of the pending action
• They can form the basis for summary judgment

📋 The 35-RFA Limit

Under CCP 2033.030, you can propound up to 35 RFAs without a declaration. This limit includes both:

• Requests relating to facts
• Requests relating to the genuineness of documents

To exceed 35, you must include a declaration substantially similar to the special interrogatory declaration, stating that each additional RFA is necessary for proper preparation.

💬 Responding to RFAs

Each RFA must be responded to with one of the following:

🔄 Withdrawing Deemed Admissions

If matters are deemed admitted, you can seek relief under CCP 2033.300:

• File a motion to withdraw or amend the admission
• Must show the admission was the result of mistake, inadvertence, or excusable neglect
• Must show withdrawal won't substantially prejudice the requesting party
• Courts have discretion—but it's an uphill battle

📂 Requests for Production: Getting Documents

📝 What You Can Request

Under CCP 2031.010, RFPs can demand:

• Documents: Papers, correspondence, contracts, invoices, reports, notes
• Electronically Stored Information (ESI): Emails, text messages, databases, social media
• Tangible things: Physical objects, products, equipment
• Inspections: Access to property, premises, or things

💬 Responding to RFPs

For each RFP, the responding party must provide a written response stating one of the following:

Document Production Requirements

Under CCP 2031.280, documents must be produced either:

• As kept in the ordinary course of business: Don't reorganize or rearrange—produce them as they were maintained
• Organized and labeled by category: Match documents to each specific RFP number

📋 Privilege Logs

When documents are withheld on privilege grounds, CCP 2031.240(c) requires a privilege log that identifies:

• The type of document (letter, memo, email, etc.)
• The general subject matter
• The date of the document
• The author and recipients
• The specific privilege claimed

💻 ESI-Specific Considerations

For electronically stored information, consider:

• Format: Specify the format you want (native, PDF, TIFF with load files, etc.)
• Metadata: Request that metadata be preserved and produced
• Search terms: Parties often negotiate search terms to narrow ESI productions
• Cost allocation: Courts can shift costs for disproportionate ESI requests
• Preservation: Send a litigation hold letter early; spoliation can result in sanctions

🎙 Depositions: Live Testimony

📋 Deposition Basics

📝 Deposition Notice Requirements

Under CCP 2025.220, the deposition notice must include:

• The name and address of the deponent (or description if name unknown)
• The date, time, and place of the deposition
• Whether the deposition will be recorded by audio or video
• If remote, the technology to be used and how to participate
• Any documents the deponent should bring (if party) or subpoena duces tecum attachment (if non-party)

👥 Person Most Qualified (PMQ) Depositions

Under CCP 2025.230, you can notice the deposition of an organization and require it to designate its "person most qualified" to testify on specified topics:

• Notice must describe with reasonable particularity the matters for examination
• Organization must designate and produce one or more persons to testify on its behalf
• Testimony binds the organization—the witness testifies on behalf of the entity
• If organization fails to prepare its designee, you can move to compel

📄 Deposition Subpoenas for Non-Parties

To depose a non-party witness, you need a deposition subpoena under CCP 2020.010:

• Subpoena for personal appearance: Requires attendance at deposition
• Subpoena duces tecum: Requires production of documents at deposition
• Consumer/employee notice: If seeking consumer or employee records from a third party, notice to the consumer/employee is required under CCP 1985.3/1985.6

Witness fees and mileage must be tendered with the subpoena (CCP 2020.230).

📅 Discovery Timing: Response Deadlines

⏰ Response Deadline Chart

📆 Key Discovery Dates Timeline

📋 Discovery Cutoff Calculation

The discovery cutoff is 30 days before the initial trial date (CCP 2024.020). Key points:

• All discovery must be completed by the cutoff—not just served
• Depositions must occur before the cutoff
• Responses must be received before the cutoff
• Discovery motions must be heard at least 15 days before the cutoff
• Continuances don't automatically extend the discovery cutoff—you must stipulate or move for extension

🚫 Common Objections and When They Apply

📋 Common Objection Categories

⚠ Waiver of Objections

Under CCP 2030.290, 2031.300, and 2033.280, failure to serve timely responses results in waiver of all objections—except for claims of privilege. Key points:

• Even privilege objections should be asserted timely, but courts are more forgiving
• Waiver can sometimes be relieved by motion showing substantial justification
• Courts disfavor waiver arguments when the discovery dispute is substantive
• Always serve at least a placeholder response to preserve objections

💬 Proper Objection Format

A proper objection should:

1. State the specific objection: Not a list of every possible objection
2. Explain the basis: Why does this objection apply to this specific request?
3. Respond subject to objection: If partial response is possible, provide it
4. Identify withheld information: For privilege, provide a privilege log

⚖ Discovery Disputes and Motions to Compel

🤝 Meet and Confer Requirements

Under CCP 2016.040, the meet and confer effort must be a "reasonable and good faith attempt at an informal resolution." This means:

• Letter or email: Send a detailed meet and confer letter identifying deficiencies
• Phone call: An actual conversation, not just voicemails
• Specificity: Identify each deficient response and what you need
• Time to respond: Give the other side reasonable time to supplement
• Good faith: Actually try to resolve the dispute, not just check a box

📋 Types of Discovery Motions

💰 Discovery Sanctions

Under CCP 2023.010 and 2023.030, discovery sanctions are designed to compel compliance:

📝 Motion to Compel Checklist