| California Code of Civil
Procedure Section 2030 2030. (a) Any party may obtain discovery within the scope delimited
by Section 2017, and subject to the restrictions set forth in
Section 2019, by propounding to any other party to the action written
interrogatories to be answered under oath.
(b) A defendant may propound interrogatories to a party to the
action without leave of court at any time. A plaintiff may propound
interrogatories to a party without leave of court at any time that is
10 days after the service of the summons on, or in unlawful detainer
actions five days after service of the summons on or appearance by,
that party, whichever occurs first. However, on motion with or
without notice, the court, for good cause shown, may grant leave to
a plaintiff to propound interrogatories at an earlier time.
(c) (1) A party may propound to another party (1) 35 specially
prepared interrogatories, and (2) any additional number of official
form interrogatories, as described in Section 2033.5, that are
relevant to the subject matter of the pending action. Except as
provided in paragraph (8), no party shall, as a matter of right,
propound to any other party more than 35 specially prepared
interrogatories. If the initial set of interrogatories does not
exhaust this limit, the balance may be propounded in subsequent sets.
Unless a declaration as described in paragraph (3) has been made, a
party need only respond to the first 35 specially prepared
interrogatories served, if that party states an objection to the
balance, under paragraph (3) of subdivision (f), on the ground that
the limit has been exceeded.
(2) Subject to the right of the responding party to seek a
protective order under subdivision (e), any party who attaches a
supporting declaration as described in paragraph (3) may propound a
greater number of specially prepared interrogatories to another party
if this greater number is warranted because of any of the following:
(A) The complexity or the quantity of the existing and potential
issues in the particular case.
(B) The financial burden on a party entailed in conducting the
discovery by oral deposition.
(C) The expedience of using this method of discovery to provide to
the responding party the opportunity to conduct an inquiry,
investigation, or search of files or records to supply the
information sought.
If the responding party seeks a protective order on the ground
that the number of specially prepared interrogatories is unwarranted,
the propounding party shall have the burden of justifying the number
of these interrogatories.
(3) Any party who is propounding or has propounded more than 35
specially prepared interrogatories to any other party shall attach to
each set of those interrogatories a declaration containing
substantially the following:
DECLARATION FOR ADDITIONAL DISCOVERY
I, ______, declare:
1. I am (a party to this action or proceeding appearing in
propria persona) (presently the attorney for ______, a party to this
action or proceeding).
2. I am propounding to ____ the attached set of
interrogatories.
3. This set of interrogatories will cause the total number of
specially prepared interrogatories propounded to the party to whom
they are directed to exceed the number of specially prepared
interrogatories permitted by paragraph (1) of subdivision (c) of
Section 2030 of the Code of Civil Procedure.
4. I have previously propounded a total of ____
interrogatories
to this party, of which ____ interrogatories were not official form
interrogatories.
5. This set of interrogatories contains a total of ____
specially
prepared interrogatories.
6. I am familiar with the issues and the previous discovery
conducted by all of the parties in the case.
7. I have personally examined each of the questions in this
set
of interrogatories.
8. This number of questions is warranted under paragraph (2)
of
subdivision (c) of Section 2030 of the Code of Civil Procedure
because ____. (Here state each factor described in paragraph (2) of
subdivision (c) that is relied on, as well as the reasons why any
factor relied on is applicable to the instant lawsuit.)
9. None of the questions in this set of interrogatories is
being
propounded for any improper purpose, such as to harass the party, or
the attorney for the party, to whom it is directed, or to cause
unnecessary delay or needless increase in the cost of litigation.
I declare under penalty of perjury under the laws of California
that the foregoing is true and correct, and that this declaration was
executed on ____. ______________(Signature)
Attorney for
(4) A party propounding interrogatories shall number each set of
interrogatories consecutively. In the first paragraph immediately
below the title of the case, there shall appear the identity of the
propounding party, the set number, and the identity of the responding
party. Each interrogatory in a set shall be separately set forth
and identified by number or letter.
(5) Each interrogatory shall be full and complete in and of
itself. No preface or instruction shall be included with a set of
interrogatories unless it has been approved under Section 2033.5.
Any term specially defined in a set of interrogatories shall be typed
with all letters capitalized wherever that term appears. No
specially prepared interrogatory shall contain subparts, or a
compound, conjunctive, or disjunctive question.
(6) An interrogatory may relate to whether another party is making
a certain contention, or to the facts, witnesses, and writings on
which a contention is based. An interrogatory is not objectionable
because an answer to it involves an opinion or contention that
relates to fact or the application of law to fact, or would be based
on information obtained or legal theories developed in anticipation
of litigation or in preparation for trial.
(7) An interrogatory may not be made a continuing one so as to
impose on the party responding to it a duty to supplement an answer
to it that was initially correct and complete with later acquired
information.
(8) In addition to the number of interrogatories permitted by
paragraphs (1) and (2), a party may propound a supplemental
interrogatory to elicit any later acquired information bearing on all
answers previously made by any party in response to interrogatories
(1) twice prior to the initial setting of a trial date, and (2)
subject to the time limits on discovery proceedings and motions
provided in Section 2024, once after the initial setting of a trial
date. However, on motion, for good cause shown, the court may grant
leave to a party to propound an additional number of supplemental
interrogatories.
(d) The party propounding interrogatories shall serve a copy of
them (1) on the party to whom they are directed, and (2) on all other
parties who have appeared in the action, unless the court on motion
with or without notice has relieved that party from this requirement
on its determination that service on all other parties would be
unduly expensive or burdensome.
(e) When interrogatories have been propounded, the responding
party, and any other party or affected natural person or organization
may promptly move for a protective order. This motion shall be
accompanied by a declaration stating facts showing a reasonable and
good faith attempt at an informal resolution of each issue presented
by the motion.
The court, for good cause shown, may make any order that justice
requires to protect any party or other natural person or organization
from unwarranted annoyance, embarrassment, or oppression, or undue
burden and expense. This protective order may include, but is not
limited to, one or more of the following directions:
(1) That the set of interrogatories, or particular interrogatories
in the set, need not be answered.
(2) That, contrary to the representations made in a declaration
submitted under paragraph (3) of subdivision (c), the number of
specially prepared interrogatories is unwarranted.
(3) That the time specified in subdivision (h) to respond to the
set of interrogatories, or to particular interrogatories in the set,
be extended.
(4) That the response be made only on specified terms and
conditions.
(5) That the method of discovery be an oral deposition instead of
interrogatories to a party.
(6) That a trade secret or other confidential research,
development, or commercial information not be disclosed or be
disclosed only in a certain way.
(7) That some or all of the answers to interrogatories be sealed
and thereafter opened only on order of the court.
If the motion for a protective order is denied in whole or in
part, the court may order that the party provide or permit the
discovery against which protection was sought on terms and conditions
that are just.
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion for a protective order, unless it finds that the one
subject to the sanction acted with substantial justification or that
other circumstances made the imposition of the sanction unjust.
(f) The party to whom interrogatories have been propounded shall
respond in writing under oath separately to each interrogatory by (1)
an answer containing the information sought to be discovered, (2) an
exercise of the party's option to produce writings, or (3) an
objection to the particular interrogatory. In the first paragraph of
the response immediately below the title of the case, there shall
appear the identity of the responding party, the set number, and the
identity of the propounding party. Each answer, exercise of option,
or objection in the response shall bear the same identifying number
or letter and be in the same sequence as the corresponding
interrogatory, but the text of that interrogatory need not be
repeated.
(1) Each answer in the response shall be as complete and
straightforward as the information reasonably available to the
responding party permits. If an interrogatory cannot be answered
completely, it shall be answered to the extent possible. If the
responding party does not have personal knowledge sufficient to
respond fully to an interrogatory, that party shall so state, but
shall make a reasonable and good faith effort to obtain the
information by inquiry to other natural persons or organizations,
except where the information is equally available to the propounding
party.
(2) If the answer to an interrogatory would necessitate the
preparation or the making of a compilation, abstract, audit, or
summary of or from the documents of the party to whom the
interrogatory is directed, and if the burden or expense of preparing
or making it would be substantially the same for the party
propounding the interrogatory as for the responding party, it is a
sufficient answer to that interrogatory to refer to this subdivision
and to specify the writings from which the answer may be derived or
ascertained. This specification shall be in sufficient detail to
permit the propounding party to locate and to identify, as readily as
the responding party can, the documents from which the answer may be
ascertained. The responding party shall then afford to the
propounding party a reasonable opportunity to examine, audit, or
inspect these documents and to make copies, compilations, abstracts,
or summaries of them.
(3) If only a part of an interrogatory is objectionable, the
remainder of the interrogatory shall be answered. If an objection is
made to an interrogatory or to a part of an interrogatory, the
specific ground for the objection shall be set forth clearly in the
response. If an objection is based on a claim of privilege, the
particular privilege invoked shall be clearly stated. If an
objection is based on a claim that the information sought is
protected work product under Section 2018, that claim shall be
expressly asserted.
(g) The party to whom the interrogatories are directed shall sign
the response under oath unless the response contains only objections.
If that party is a public or private corporation, or a partnership,
association, or governmental agency, one of its officers or agents
shall sign the response under oath on behalf of that party. If the
officer or agent signing the response on behalf of that party is an
attorney acting in that capacity for the party, that party waives any
lawyer-client privilege and any protection for work product under
Section 2018 during any subsequent discovery from that attorney
concerning the identity of the sources of the information contained
in the response. The attorney for the responding party shall sign
any responses that contain an objection.
(h) Within 30 days after service of interrogatories, or in
unlawful detainer actions within five days after service of
interrogatories the party to whom the interrogatories are propounded
shall serve the original of the response to them on the propounding
party, unless on motion of the propounding party the court has
shortened the time for response, or unless on motion of the
responding party the court has extended the time for response. In
unlawful detainer actions, the party to whom the interrogatories are
propounded shall have five days from the date of service to respond
unless on motion of the propounding party the court has shortened the
time for response. The party to whom the interrogatories are
propounded shall also serve a copy of the response on all other
parties who have appeared in the action, unless the court on motion
with or without notice has relieved that party from this requirement
on its determination that service on all other parties would be
unduly expensive or burdensome.
(i) The party propounding interrogatories and the responding party
may agree to extend the time for service of a response to a set of
interrogatories, or to particular interrogatories in a set, to a date
beyond that provided in subdivision (h). This agreement may be
informal, but it shall be confirmed in a writing that specifies the
extended date for service of a response. Unless this agreement
expressly states otherwise, it is effective to preserve to the
responding party the right to respond to any interrogatory to which
the agreement applies in any manner specified in subdivision (f).
(j) The interrogatories and the response thereto shall not be
filed with the court. The propounding party shall retain both the
original of the interrogatories, with the original proof of service
affixed to them, and the original of the sworn response until six
months after final disposition of the action. At that time, both
originals may be destroyed, unless the court on motion of any party
and for good cause shown orders that the originals be preserved for a
longer period.
(k) If a party to whom interrogatories have been directed fails to
serve a timely response, that party waives any right to exercise the
option to produce writings under subdivision (f), as well as any
objection to the interrogatories, including one based on privilege or
on the protection for work product under Section 2018. However, the
court, on motion, may relieve that party from this waiver on its
determination that (1) the party has subsequently served a response
that is in substantial compliance with subdivision (f), and (2) the
party's failure to serve a timely response was the result of mistake,
inadvertence, or excusable neglect.
The party propounding the interrogatories may move for an
order
compelling response to the interrogatories. The court shall impose a
monetary sanction under Section 2023 against any party, person, or
attorney who unsuccessfully makes or opposes a motion to compel a
response to interrogatories, unless it finds that the one subject to
the sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust. If a party
then fails to obey an order compelling answers, the court may make
those orders that are just, including the imposition of an issue
sanction, an evidence sanction, or a terminating sanction under
Section 2023. In lieu of or in addition to that sanction, the court
may impose a monetary sanction under Section 2023.
(l) If the propounding party, on receipt of a response to
interrogatories, deems that (1) an answer to a particular
interrogatory is evasive or incomplete, (2) an exercise of the option
to produce documents under paragraph (2) of subdivision (f) is
unwarranted or the required specification of those documents is
inadequate, or (3) an objection to an interrogatory is without merit
or too general, that party may move for an order compelling a further
response. This motion shall be accompanied by a declaration stating
facts showing a reasonable and good faith attempt at an informal
resolution of each issue presented by the motion.
Unless notice of this motion is given within 45 days of the
service of the response, or any supplemental response, or on or
before any specific later date to which the propounding party and the
responding party have agreed in writing, the propounding party
waives any right to compel a further response to the interrogatories.
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to compel a further response to interrogatories,
unless it finds that the one subject to the sanction acted with
substantial justification or that other circumstances make the
imposition of the sanction unjust.
If a party then fails to obey an order compelling further response
to interrogatories, the court may make those orders that are just,
including the imposition of an issue sanction, an evidence sanction,
or a terminating sanction under Section 2023. In lieu of or in
addition to that sanction, the court may impose a monetary sanction
under Section 2023.
(m) Without leave of court, a party may serve an amended answer to
any interrogatory that contains information subsequently discovered,
inadvertently omitted, or mistakenly stated in the initial
interrogatory. At the trial of the action, the propounding party or
any other party may use the initial answer under subdivision (n), and
the responding party may then use the amended answer.
The party who propounded an interrogatory to which an amended
answer has been served may move for an order that the initial answer
to that interrogatory be deemed binding on the responding party for
the purpose of the pending action. This motion shall be accompanied
by a declaration stating facts showing a reasonable and good faith
attempt at an informal resolution of each issue presented by the
motion. The court shall grant this motion if it determines that (1)
the initial failure of the responding party to answer the
interrogatory correctly has substantially prejudiced the party who
propounded the interrogatory, (2) the responding party has failed to
show substantial justification for the initial answer to that
interrogatory, and (3) the prejudice to the propounding party cannot
be cured either by a continuance to permit further discovery or by
the use of the initial answer under subdivision (n).
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to deem binding an initial answer to an
interrogatory, unless it finds that the one subject to the sanction
acted with substantial justification or that other circumstances make
the imposition of the sanction unjust.
(n) At the trial or any other hearing in the action, so far as
admissible under the rules of evidence, the propounding party or any
party other than the responding party may use any answer or part of
an answer to an interrogatory only against the responding party. It
is not ground for objection to the use of an answer to an
interrogatory that the responding party is available to testify, has
testified, or will testify at the trial or other hearing. |
