How many days do you have to respond to discovery in California?
30 days
Respond to Written Discovery – 30 days (+5 days if questions were mailed). Practical Last Day to Serve Discovery (and be able to make a motion on it) – 90-100 days before trial.
When can discovery start in California?
In the normal California state court action, plaintiffs are permitted to begin written discovery, “without leave of the court at any time … 10 days after the service of summons.” (See Code Civ. Proc., § 2031.020(b).) Once the time passes, plaintiff is entitled to serve discovery without any procedural hurdles.
How do you serve discovery in California?
Service may be completed by mail, by a person over the age of 18 who is not a party to the case. The person serving your responses must complete a proof of service form, typically a Proof of Service by First Class Mail (POS-030).
Who can verify discovery responses California?
Some plaintiffs have argued that the requirements for § 3294(b) can be satisfied when a managerial employee with knowledge of the allegations also verifies discovery responses as an “officer” or “agent” of the company. California Code of Civil Procedure provides that only an “officer” or “agent” may verify Page 2 a …
What is discoverable California?
Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property.
How long does a plaintiff have to serve a defendant in California?
Mandatory Time for Service of Summons. 583.210. (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.
How long does a plaintiff have to serve a complaint in California?
(Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2007.) The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.
What is the first step in the discovery process?
The first phase of the discovery process is the written discovery phase. During this phase, your attorney may send and receive requests to produce documents, requests for admissions of facts, and written interrogatories.