questions about discovery process: CA

[makingsense]

What is the name of your state (only U.S. law)? California

I filed a small limited jurisdiction civil suit against someone in the Los Angeles superior court district. I have 3 questions about it:

1. I want to serve a interrogatory on the defendant as part of the "discovery" process. But the form interrogatories provided by the court doesn't suit my purpose. (See the form here: http://www.courtinfo.ca.gov/forms/documents/disc004.pdf) My question is: can I draft my own interrogatories? And, if yes, is there a particular format I need to follow?

2. I want to serve "production of documents" on either the defendant or a third party or both. On California Code of Civil Procedure (94) it seems to be called "subpeona duces tecums". But I don't even see such forms on California Courts. Is "production of documents" allowed in the LA district? And can I draft my own "request for production of documents"? And can I serve it on a party not part of the suit?

3. I read somewhere on the California Code of Civil Procedure 2030 that I can serve the interrogatories 20 days after the service of the summons. Does it mean that I can serve the interrogatories and the "request for production of documents" before the defendant even files an answer to my complaint?

If someone can help me with these questions it will be so greatly appreciated. Thanks.

 

[dcatz]

My question is: can I draft my own interrogatories? And, if yes, is there a particular format I need to follow?

Yes and yes, but it’s a little difficult describing a format online. For all of your questions, you’d be well-served to go to the nearest law library and ask the librarian to allow you to review a multi-volume publication by Matthew Bender called California Forms of Pleading & Practice. It’s in ring-binder format. Make photocopies of everything you’ll need and work from those.

Is "production of documents" allowed in the LA district? And can I draft my own "request for production of documents"? And can I serve it on a party not part of the suit?

Yes, yes and no. Read Sect. 94 carefully. Note the distinction between the terms “party” and “person”. Your Request for Production will be directed to the defendant. Your SDT is directed to a person/entity that is not a party to the action.

I read somewhere on the California Code of Civil Procedure 2030 that I can serve the interrogatories 20 days after the service of the summons. Does it mean that I can serve the interrogatories and the "request for production of documents" before the defendant even files an answer to my complaint?

2030.020. (a) A defendant may propound interrogatories to a party
to the action without leave of court at any time.
(b) 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 appearance by, that party, whichever occurs first.
(c) Notwithstanding subdivision (b), in an unlawful detainer
action or other proceeding under Chapter 4 (commencing with Section
1159) of Title 3 of Part 3, a plaintiff may propound interrogatories
to a party without leave of court at any time that is five days after
service of the summons on, or appearance by, that party, whichever
occurs first.
(d) Notwithstanding subdivisions (b) and (c), 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.

You need to look at that form book and the whole Civil Discovery Act. If you don’t and the defendant is represented by counsel and you have these questions, you may get responses that are useless, if you get compliance at all.
-----------------------------------------------------------------------------------
By the way, either of these is considered to be an SDT. The distinction is when and how they’re used.
http://www.courtinfo.ca.gov/forms/fillable/subp002.pdf

http://www.courtinfo.ca.gov/forms/fillable/subp010.pdf

A deposition subpoena can also include a requirement to produce documents:
http://www.courtinfo.ca.gov/forms/fillable/subp020.pdf