How Many Special Interrogatories in California?
In the legal landscape, interrogatories are a commonly used tool for obtaining information and evidence during the discovery phase of a lawsuit. In California, special interrogatories are a specific type of interrogatory that can be used to elicit detailed and specific information from the opposing party. The number of special interrogatories that can be propounded in a case is subject to certain limitations, which are outlined in the California Code of Civil Procedure. This article will delve into the specifics of how many special interrogatories can be asked in California and provide answers to some frequently asked questions on the topic.
Limitations on the Number of Special Interrogatories:
California law imposes certain restrictions on the number of special interrogatories that can be propounded in a case. According to California Code of Civil Procedure section 2030.030, the maximum number of special interrogatories that can be served on a party is 35, including subparts. This means that a party cannot exceed this limit when formulating their special interrogatories.
However, there are exceptions to this rule. If a party can demonstrate that the limitations would impose an undue burden or expense, the court may allow additional special interrogatories to be propounded. The burden is on the party seeking to exceed the limit to prove that there are exceptional circumstances justifying an increase in the number of special interrogatories.
Frequently Asked Questions:
Q: What is the purpose of special interrogatories?
A: Special interrogatories are used to gather specific information from the opposing party in a lawsuit. They are designed to elicit detailed and precise responses that can be used as evidence during the trial or settlement negotiations.
Q: Can I propound more than 35 special interrogatories in a case?
A: In general, the maximum number of special interrogatories that can be served on a party is 35, including subparts. However, if you can demonstrate that the limitations would impose an undue burden or expense, you may request the court to allow additional interrogatories.
Q: What happens if a party exceeds the limit on special interrogatories?
A: If a party exceeds the limit on special interrogatories without obtaining court approval, the opposing party can object to the excess interrogatories. The court may then order the party to either withdraw or reduce the number of interrogatories to comply with the limit.
Q: Are there any consequences for failing to answer special interrogatories?
A: Yes, there are consequences for failing to answer special interrogatories. If a party fails to respond to properly served interrogatories within the specified time frame, the propounding party may file a motion to compel answers. The court may then order the non-responsive party to comply and may impose sanctions for the failure to respond.
Q: Can special interrogatories be used in any type of lawsuit?
A: Yes, special interrogatories can be used in any type of lawsuit, including personal injury, contract disputes, employment cases, and more. However, the specific content of the interrogatories will vary based on the nature of the case.
In conclusion, the number of special interrogatories that can be asked in California is generally limited to 35, including subparts. However, parties can seek court approval to exceed this limit if they can demonstrate exceptional circumstances. It is crucial to adhere to the rules and procedures governing special interrogatories to ensure compliance and avoid potential sanctions.