The California Superior Courts will be closed to the public on the third Wednesday of each month due to a mandatory statewide closure.  These closure days will be treated as holidays for the purposes of scheduling hearings and calculating filing deadlines.  Check your court’s website for more detailed information regarding the closings and hearings, tentative rulings and other scheduling matters. 

Current Mandated Closure Days

September 16, 2009
October 21, 2009
November 18, 2009
December 16, 2009
January 20, 2010
February 17, 2010
March 17, 2010
April 21, 2010
May 19, 2010
June 16, 2010

Use this At A Glance Guide to learn the statewide rules of civil procedure, (the California Code of Civil Procedure and California Rules of Court) applicable to responses to requests for production in the California Superior Courts. For more detailed information, including local rules, on responses to requests for production in a specific California Superior Court, please see the SmartRules California Response to Request for Production Guides for the court where your action is pending.

Timing:

Responses to requests for production are due within thirty (30) days (five (5) days in unlawful detainer actions) if the requests were personally served, thirty-five (35) days if the requests were served by mail, and thirty (30) days plus two (2) court days if the requests were served by express mail or facsimile or electronically. CCP § 2031.260(a). (amended eff 6/29/09); CCP § 1013; CRC 2.260 (renumbered eff 1/1/07).

Unless, on motion of the party making the demand, the court has shortened the time for response, or unless on motion of the party to whom the demand has been directed, the court has extended the time for response. CCP § 2031.260(a). (amended eff 6/29/09).

Service may be made by fax on written agreement of the parties. CRC 2.306(a)(renumbered eff 1/1/08). Fax service completed after 5 p.m. is deemed to have occurred on the next court day. CRC 2.306(g)(renumbered eff 1/1/08).

The party demanding inspection, copying, testing, or sampling and the responding party may agree to extend the date for the inspection, copying, testing, or sampling or the time for service of a response to a set of demands, or to particular items or categories of items in a set, to a date or dates beyond those provided in Sections 2031.030, 2031.210, 2031.260, and 2031.280. CCP § 2031.270(a). (amended eff 6/29/09).

This agreement may be informal, but it shall be confirmed in a writing that specifies the extended date for inspection, copying, testing, or sampling, or for the service of a response. CCP § 2031.270(b). (amended eff 6/29/09).

Unless this agreement expressly states otherwise, it is effective to preserve to the responding party the right to respond to any item or category of item in the demand to which the agreement applies in any manner specified in Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. CCP § 2031.270(c). (amended eff 6/29/09).

 Response to Request for Production Rules:

The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following:

(1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities.

(2) A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item.

(3) An objection to the particular demand for inspection, copying, testing, or sampling.

CCP § 2031.210(a). (amended eff 6/29/09).

If a party objects to the discovery of electronically stored information on the grounds that it is from a source that is not reasonably accessible because of undue burden or expense and that the responding party will not search the source in the absence of an agreement with the demanding party or court order, the responding party shall identify in its response the types or categories of sources of electronically stored information that it asserts are not reasonably accessible. By objecting and identifying information of a type or category of source or sources that are not reasonably accessible, the responding party preserves any objections it may have relating to that electronically stored information. CCP § 2031.210(d). (eff 6/29/09).

A statement that the party to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall state that the production, inspection, copying, testing, or sampling, and related activity demanded, will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included in the production. CCP § 2031.220. (amended eff 6/29/09).

A representation of inability to comply must affirm that a diligent search and a reasonable inquiry has been made. This statement must specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement must set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item. CCP § 2031.230. (amended eff 6/29/09).

If only part of an item in a demand is objectionable, the response must contain a statement of compliance, or a representation of inability to comply with respect to the remainder of that item or category. CCP § 2031.240(a). (amended eff 6/29/09).

If the responding party objects to the demand, the response shall do both of the following:

(1) Identify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand.

(2) Set forth clearly the extent of, and the specific ground for, the objection. If an objection is based on a claim of privilege, the particular privilege invoked must be stated. If an objection is based on a claim that the information sought is protected work product under Chapter 4 (commencing with Section 2018.010), that claim must be expressly asserted.

CCP § 2031.240(b). (amended eff 6/29/09).

If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it,the party to whom the demand is directed waives any objection to the demand, including one based on privilege or on the protection for work product. The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:

(1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280.

(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.

CCP § 2031.300(a). (amended eff 6/29/09).

The party making the demand may move for an order compelling response to the demand. CCP § 2031.300(b). (amended eff 6/29/09).

The court must impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand, 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 the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction. In lieu of or in addition to this sanction, the court may impose a monetary sanction. CCP § 2031.300(c). (amended eff 6/29/09).

Absent exceptional circumstances, the court must not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as a result of the routine, good faith operation of an electronic information system. CCP § 2031.300(d)(1). (amended eff 6/29/09).

This subdivision shall not be construed to alter any obligation to preserve discoverable information. CCP § 2031.300(d)(2). (amended eff 6/29/09).

If electronically stored information produced in discovery is subject to a claim of privilege or of protection as attorney work product,the party making the claim may notify any party that received the information of the claim and the basis for the claim. CCP § 2031.285(a). (added eff 6/29/09).

After being notified of a claim of privilege or of protection, a party that received the information shall immediately sequester the information and either return the specified information and any copies that may exist or present the information to the court conditionally under seal for a determination of the claim. CCP § 2031.285(b). (added eff 6/29/09).

Prior to the resolution of the motion brought under subdivision (d), a party shall be precluded from using or disclosing the specified information until the claim of privilege is resolved. CCP § 2031.285(c)(1). (added eff 6/29/09).

A party who received and disclosed the information before being notified of a claim of privilege or of protection under subdivision (a) shall, after that notification, immediately take reasonable steps to retrieve the information. CCP § 2031.285(c)(2). (added eff 6/29/09).

If the receiving party contests the legitimacy of a claim of privilege or protection, he or she may seek a determination of the claim from the court by making a motion within 30 days of receiving the claim and presenting the information to the court conditionally under seal. CCP § 2031.285(d)(1). (added eff 6/29/09).

Until the legitimacy of the claim of privilege or protection is resolved, the receiving party shall preserve the information and keep it confidential and shall be precluded from using the information in any manner. CCP § 2031.285(d)(2). (added eff 6/29/09).

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 demanding party. CCP § 2031.210(b). (amended eff 6/29/09).

Each statement of compliance, each representation, and each objection in the response shall bear the same number and be in the same sequence as the corresponding item or category in the demand, but the text of that item or category need not be repeated. CCP § 2031.210(c). (amended eff 6/29/09).

Responses to supplemental requests must include, immediately below the title of the case, the identity of the propounding and responding parties, the set number and the nature of the discovery to which response is made. CRC 3.1000(a) (renumbered eff 1/1/07). Each supplemental response must be identified with the same number or letter and be in the same order as the request to which it responds. CRC 3.1000(b) (renumbered eff 1/1/07).

Within 30 days after service of a demand, the party to whom the demand is directed shall serve the original of the response on the party making the demand, and a copy of the response on all other parties who have appeared in the action, unless on motion the court has shortened or extended the time for response. CCP § 2031.260(a). (amended and renumbered eff 6/29/09).

The inspection demand and the response to it must not be filed with the court. CCP § 2031.290(a). (amended eff 6/29/09); CRC 3.250(a) and (b) (renumbered eff 1/1/07).

The date specified for production must be at least thirty (30) days (five (5) days for unlawful detainer actions) from the service of the demand, thirty-five (35) days if service was made by mail and thirty (30) days plus two (2) court days if service was made by express mail or fax. CCP § 2031.030(c)(2). (amended eff 6/29/09); CCP § 1013.

The court for good cause shown may grant leave to specify an earlier date. CCP § 2031.030(c)(2). (amended eff 6/29/09).

Specify a reasonable place for making the inspection, copying, testing, or sampling, and performing any related activity. CCP § 2031.030(c)(3). (amended eff 6/29/09).

Specify any inspection, copying, testing, sampling, or related activity that is being demanded, as well as the manner in which that activity will be performed, and whether that activity will permanently alter or destroy the item involved. CCP § 2031.030(c)(4). (amended eff 6/29/09).

Any documents produced in response to a demand must either be produced as they are kept in the usual course of business, or be organized and labeled to correspond with the categories in the demand. CCP § 2031.280(a). (amended eff 6/29/09).

The documents must be produced on the date specified in the demand, unless an objection has been made to that date. If the date for inspection has been extended, the documents must be produced on the date agreed to. CCP § 2031.280(b). (eff 6/29/09).

If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified, the responding party must state in its response the form in which it intends to produce each type of information. CCP § 2031.280(c). (eff 6/29/09).

Unless the parties otherwise agree or the court otherwise orders, the following shall apply:

(1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party must produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable.

(2) A party need not produce the same electronically stored information in more than one form.

CCP § 2031.280(d). (eff 6/29/09).

If necessary, the responding party at the reasonable expense of the demanding party must, through detection devices, translate any data compilations included in the demand into reasonably usable form. CCP § 2031.280(b)(e). (renumbered eff 6/29/09).

Use this At A Glance Guide to learn the statewide rules of civil procedure, (the California Code of Civil Procedure and California Rules of Court) applicable to requests for production in the California Superior Courts. For more detailed information, including local rules, on requests for production in a specific California Superior Court, please see the SmartRules California Request for Production Guides for the court where your action is pending.

Timing:

Defendant may make an inspection demand without leave of court at any time. CCP § 2031.020. (amended eff 6/29/09).

A plaintiff may make a demand for inspection, copying, testing, or sampling without leave of court at any time that is 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. CCP § 2031.020(b). (amended eff 6/29/09).

On motion with or without notice, the court, for good cause shown, may grant leave to a plaintiff to make a demand for inspection, copying, testing, or sampling at an earlier time. CCP § 2031.020(d). (amended eff 6/29/09).

Responses to requests for production are due within thirty (30) days (five (5) days in unlawful detainer actions) if the requests were personally served, thirty-five (35) days if the requests were served by mail, and thirty (30) days plus two (2) court days if the requests were served by express mail or facsimile or electronically. CCP § 2031.260(a). (amended eff 6/29/09); CCP § 1013; CRC 2.260 (renumbered eff 1/1/07).

Unless, on motion of the party making the demand, the court has shortened the time for response, or unless on motion of the party to whom the demand has been directed, the court has extended the time for response. CCP § 2031.260(a). (amended eff 6/29/09).

Service may be made by fax on written agreement of the parties. CRC 2.306(a)(renumbered eff 1/1/08). Fax service completed after 5 p.m. is deemed to have occurred on the next court day. CRC 2.306(g)(renumbered eff 1/1/08).

Request for Production Rules:

Designate the documents, tangible things, land or other property, or electronically stored information to be inspected, copied, tested, or sampled either by specifically describing each individual item or by reasonably particularizing each category of item. CCP § 2031.030(c)(1). (amended eff 6/29/09).

A party demanding inspection, copying, testing, or sampling of electronically stored information may specify the form or forms in which each type of electronically stored information is to be produced. CCP § 2031.030(a)(2). (eff 6/29/09).

The date specified for production must be at least thirty (30) days (five (5) days for unlawful detainer actions) from the service of the demand, thirty-five (35) days if service was made by mail and thirty (30) days plus two (2) court days if service was made by express mail or fax. CCP § 2031.030(c)(2). (amended eff 6/29/09); CCP § 1013.

The court for good cause shown may grant leave to specify an earlier date. CCP § 2031.030(c)(2). (amended eff 6/29/09).

Specify a reasonable place for making the inspection, copying, testing, or sampling, and performing any related activity. CCP § 2031.030(c)(3). (amended eff 6/29/09).

Specify any inspection, copying, testing, sampling, or related activity that is being demanded, as well as the manner in which that activity will be performed, and whether that activity will permanently alter or destroy the item involved. CCP § 2031.030(c)(4). (amended eff 6/29/09).

In addition to demands for inspection, copying, testing, or sampling, a party may propound a supplemental demand any later acquired or discovered documents, tangible things, land or other property, or electronically stored information. CCP § 2031.050(a). (amended eff 6/29/09).

A party may propound a supplemental demand twice before the initial setting of a trial date, and, subject to the time limits on discovery proceedings and motions provided in Chapter 8 (commencing with Section 2024.010), once after the initial setting of a trial date. CCP § 2031.050(b). (amended eff 6/29/09).

On motion, for good cause shown, the court may grant leave to a party to propound an additional number of supplemental demands for inspection, copying, testing, or sampling. CCP § 2031.050(c). (amended eff 6/29/09).

If electronically stored information produced in discovery is subject to a claim of privilege or of protection as attorney work product,the party making the claim may notify any party that received the information of the claim and the basis for the claim. CCP § 2031.285(a). (added eff 6/29/09).

After being notified of a claim of privilege or of protection, a party that received the information shall immediately sequester the information and either return the specified information and any copies that may exist or present the information to the court conditionally under seal for a determination of the claim. CCP § 2031.285(b). (added eff 6/29/09).

Prior to the resolution of the motion brought under subdivision (d), a party shall be precluded from using or disclosing the specified information until the claim of privilege is resolved. CCP § 2031.285(c)(1). (added eff 6/29/09).

A party who received and disclosed the information before being notified of a claim of privilege or of protection under subdivision (a) shall, after that notification, immediately take reasonable steps to retrieve the information. CCP § 2031.285(c)(2). (added eff 6/29/09).

If the receiving party contests the legitimacy of a claim of privilege or protection, he or she may seek a determination of the claim from the court by making a motion within 30 days of receiving the claim and presenting the information to the court conditionally under seal. CCP § 2031.285(d)(1). (added eff 6/29/09).

Until the legitimacy of the claim of privilege or protection is resolved, the receiving party shall preserve the information and keep it confidential and shall be precluded from using the information in any manner. CCP § 2031.285(d)(2). (added eff 6/29/09).

In the first paragraph immediately below the title of the case must appear the identities of the propounding and responding parties and the set number. CCP § 2031.030(b). (amended eff 6/29/09); CRC 3.1000(a), re supplemental responses, (renumbered eff 1/1/07).

Inspection demands must be separately set forth and identified by number or letter. CCP § 2031.030(c). (amended eff 6/29/09). Each set must be consecutively numbered. CCP § 2031.030(a)(1). (amended eff 6/29/09).

The party demanding an inspection shall serve a copy of the inspection demand on the party to whom it is directed and on all other parties who have appeared in the action. CCP § 2031.040. (amended eff 6/29/09).

Service may be made by fax on written agreement of the parties. CRC 2.306(a)(renumbered eff 1/1/08). Fax service completed after 5 p.m. is deemed to have occurred on the next court day. CRC 2.306(g)(renumbered eff 1/1/08).

The inspection demand and the response to it must not be filed with the court. CCP § 2031.290(a). (amended eff 6/29/09); CRC 3.250(a) and (b) (renumbered eff 1/1/07).

Use this At A Glance Guide to learn the statewide rules of civil procedure, (the California Code of Civil Procedure and California Rules of Court) applicable to amended answers in the California Superior Courts. For more detailed information, including local rules, on amended answers in a specific California Superior Court, please see the SmartRules California Amended Answer Guides for the court where your action is pending.

Timing:

An answer may be amended once without leave of court within ten (10) days after the answer was filed, or if there is a demurrer to the answer, amendment without leave of court may be made before the demurrer hearing. Amendment as a matter of right is made by filing and serving the amended pleading. CCP § 430.40(b); CCP § 472.

Leave of court to amend an answer may be sought at any time. CCP § 473(a)(1).

Amended Answer Rules:

A proposed amendment or amended pleading must be serially numbered to differentiate it from previous pleadings or amendments. CRC 3.1324(a) (renumbered eff 1/1/07).

The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it. CRC 3.1324(c) (renumbered eff 1/1/07).

An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court. The court or the clerk must initial all alterations. CRC 3.1324(d) (renumbered eff 1/1/07).

Use this At A Glance Guide to learn the statewide rules of civil procedure, (the California Code of Civil Procedure and California Rules of Court) for bringing a motion for leave to amend in the California Superior Courts. For more detailed information, including local rules, on bringing a motion for leave to amend in a specific California Superior Court, please see the SmartRules Guide Motion for Leave to Amend for the court where your action is pending.

Timing:

A pleading may be amended “once by the party of course, and without costs, at any time before the answer or demurrer is filed,” or before the hearing on the demurrer. Amendment is made by filing the pleading as amended and serving a copy on the adverse party. CCP § 472.

Leave of court to amend a pleading may be sought at any time. CCP § 473(a)(1).

Motion for Leave to Amend Rules:

If the complaint is amended, a copy of the amendments shall be filed, or the court may, in its discretion, require the complaint as amended to be filed. CCP § 471.5.

A proposed amendment or amended pleading must be serially numbered to differentiate it from previous pleadings or amendments. CRC 3.1324(a) (renumbered eff 1/1/07). The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it. CRC 3.1324(c) (renumbered eff 1/1/07). An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court. All alterations must be initialed by the court or the clerk. CRC 3.1324(d) (renumbered eff 1/1/07).

Leave to amend a pleading may be sought at any time. Leave to add, strike out, or correct the name of a party may be sought on ex parte application.  Leave to make other amendments requires a noticed motion. CCP § 473(a)(1).

Amendment as a matter of right is made by filing and serving the amended pleading. CCP § 472.

At any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, the judge may allow the amendment of any pleadings or pretrial conference order. CCP § 473(a)(1); CCP § 576.

A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. CRC 3.1324(a) (renumbered eff 1/1/07). A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier. CRC 3.1324(b) (renumbered eff 1/1/07).

Use this At A Glance Guide to learn the statewide rules of civil procedure, (the California Code of Civil Procedure and California Rules of Court) that govern a motion to file under seal in the California Superior Courts. For more detailed information, including local rules, on bringing a motion to file under seal in a specific California Superior Court, please see the SmartRules Guide Motion to File Under Seal for the court where your action is pending.

Timing:

There are no statutory restrictions regarding the timing for motions to file documents under seal.

Motion to File Under Seal Rules:

This At A Glance Guide covers the requirements for motions to file documents under seal pursuant to California Rules of Court 2.550 and 2.551. These rules apply to motions regarding discovery materials that are used at trial or submitted as a basis for adjudication of matters other than discovery motions or proceedings. CRC 2.550.  California Rules of Court 2.550 and 2.551 do not apply to motions regarding records that are required to be kept confidential by law, or discovery motions and records filed or lodged in connection with discovery motions or proceedings. CRC 2.550(a)(1); CRC 2.550(a)(2).

If a party desires to file a document under seal, it must do so by motion or application. Parties cannot stipulate to filing documents under seal; the filing must be done by court order. CRC 2.551.

The court may order that a record be filed under seal only if it expressly finds facts that establish:

1. There exists an overriding interest that overcomes the right of public access to the record;

2. The overriding interest supports sealing the record;

3. A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;

4. The proposed sealing is narrowly tailored; and

5. No less restrictive means exist to achieve the over-riding interest.

CRC 2.550.

If the motion or application is denied, the clerk must return the lodged record to the submitting party and must not place it in the case file unless the submitting party notifies the clerk within ten (10) days after the order denying the motion. CRC 2.551(b)(6).

 Orders sealing the record must:

1. State whether, in addition to records in the envelope or container, the order itself, the register of actions, other court records, or any other records relating to the case are to be sealed. CRC 2.551(e)(2).

2. State whether any person other than the court is authorized to inspect the sealed record. CRC 2.551(e)(3).

Use this “At A Glance Guide” to learn the statewide rules of civil procedure (California Code of Civil Procedure) and California Rules of Court applicable to responding to interrogatories in California Superior Court. For more detailed information, including local rules, please see the California Superior Court SmartRules Guides: Response to Interrogatories. 

Timing:

Responses to interrogatories are due within thirty (30) days (five (5) days for unlawful detainer actions) if the interrogatories were personally served, thirty-five (35) days if the interrogatories were served by mail and thirty (30) days plus two (2) court days if the interrogatories were served by express mail or facsimile or electronically. CCP § 2030.260; CCP § 1013; CRC 2.260 (renumbered eff 1/1/07).

On motion of the propounding party, the court may shorten the time for response, or, on motion of the responding party the court may extend the time for response. CCP § 2030.260.

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 the Code of Civil Procedure. CCP § 2030.070.

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 the Code of Civil Procedure. CCP § 2030.070.

Response to Interrogatory Rules:

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. CCP § 2030.210.

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. CCP § 2030.220.

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 that claim shall be expressly asserted. CCP § 2030.240.

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, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product.

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 the Code of Civil Procedure, and (2) the party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. CCP § 2030.290.

The party propounding the interrogatories may move for an order compelling response to the interrogatories. The court shall impose a monetary sanction under 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. In lieu of or in addition to that sanction, the court may impose a monetary sanction. CCP § 2030.290.

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. CCP § 2030.230.

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. CCP § 2030.210.

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 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. CCP § 2030.050.

Responses to supplemental interrogatories must include, immediately below the title of the case, the identity of the propounding and responding parties, the set number and the nature of the discovery to which response is made. CRC 3.1000(a) (renumbered eff 1/1/07). Each supplemental response must be identified with the same number or letter and be in the same order as the request to which it responds. CRC 3.1000(b) (renumbered eff 1/1/07).

The responding party shall serve the original of the response on the propounding party. 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. CCP § 2030.260.

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

Most California Superior Courts revise their local rules twice a year, on July 1 and January 1.  SmartRules will post proposed amendments to California Superior Court local rules as they become available.

Alameda Superior Court
The comment period has ended.  The full text of the proposed changes is available at http://www.alameda.courts.ca.gov/courts/rules/InvitationToComment.shtml.

Los Angeles Superior Court
The comment period has ended.  The full text of the proposed changes is available at
http://www.lasuperiorcourt.org/civil/.

Riverside Superior Court
The comment period has ended.  For more information on the proposed changes please contact the SmartRules editors.

San Francisco Superior Court
The comment period has ended.  The full text of the proposed changes is available at http://www.ci.sf.ca.us/site/courts_page.asp?id=4488.

Santa Clara Superior Court
The comment period has ended.  The full text of the proposed changes is available at http://www.sccsuperiorcourt.org/rules/rules_proposed.htm.

Ventura Superior Court
The comment period has ended.  The full text of the proposed changes is available at
www.ventura.courts.ca.gov.

Use this “At A Glance Guide” to learn the statewide rules of civil procedure applicable to bringing a motion to quash in California Superior Court. For more detailed information, including local rules, please see the California Superior Court SmartRules Guides:  Motion to Quash, Opposition to Motion to Quash, Reply in Support of Motion to Quash.

Deadline:

Notice of a motion to quash or modify a subpoena duces tecum must be served on the witness and the deposition officer at least five (5) days before the date set for production of the subpoenaed records. CCP § 1985.3(g); CCP § 1985.6(f).

Motion to Quash Rules:

A motion to quash production of documents at a deposition must be accompanied by a separate statement setting forth the particular documents or demands at issue, the responses received, and the reasons why production should be compelled. CRC 335(a)(5). CRC 3.1020(a)(5) (renumbered eff 1/1/07).

Filing a motion to quash automatically excuses the custodian and deposition officer from producing the subpoenaed records until the court orders their production or the parties stipulate thereto. CCP § 1985.3(g); CCP § 1985.6(f).

The court must impose a monetary sanction against the losing party on the motion to quash unless it expressly finds that that party acted with substantial justification. CCP § 2025.410(d).

Who May Bring A Motion To Quash
1. Any consumer whose personal records are sought by a subpoena duces tecum and who is a party to the action (CCP § 1985.3(g)) may bring a motion to quash. It is not clear, pursuant to the relevant statutes, whether this right is limited to party consumers. A California Court of Appeals decision provides that a consumer may move to quash or modify a subpoena and does not limit that right to party consumers. Lantz v. Superior Court, 28 Cal. App. 4th 1831, 1849 (1994). Note that non-party consumers may object to a subpoena by serving written objections. CCP § 1985.3(g). See Los Angeles SmartRules^TM procedural guide: RESPONSE TO SUBPOENA.

2. Any employee whose employment records are sought by a subpoena duces tecum (CCP § 1985.6(f)) may bring a motion to quash. Note that non-party employees may object to a subpoena by serving written objections. CCP § 1985.6(f). See Los Angeles SmartRules^TM procedural guide: RESPONSE TO SUBPOENA.

3. Any non-party who has been served with a business records subpoena may bring a motion to quash. CCP § 1987.1. Note, however, that some case law holds that a non-party may simply serve written objections and is not required to bring a motion to quash. “The discovery rules do not discriminate against nonparty deponents. They need not scramble to retain a lawyer to file a motion to quash in order to challenge ‘records only’ discovery requests that seek privileged information. It is sufficient to simply object.” Monarch Healthcare v. Superior Court, 78 Cal. App. 4th 1282 (2000).

Who Must Be Served
Notice of a motion to quash a subpoena duces tecum that seeks consumer records or employment records must be served on the witness and the deposition officer at least five (5) days prior to the date set for production. Failure to serve the deposition officer shall not invalidate the motion but may be raised by the deposition officer as an affirmative defense in any action for liability for improper release of records. CCP § 1985.3(g); CCP § 1985.6(f).

No witness or deposition officer is required to produce testimony or records after notice of a motion to quash a subpoena until the court orders or the parties agree to a specific production. CCP § 1985.3(g); CCP § 1985.6(f).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

Use this Cheat Sheet to make sure you are complying with all the statewide rules of civil procedure applicable to interrogatories in California Superior Court.   For more detailed information, including local rules, see the California Superior Court SmartRules Interrogatories and Response to Interrogatories Guides and Codes, Courts and Forms coverage for California.

 Propoounding and Responding

A defendant may propound written interrogatories at any time. CCP § 2030.020(a).

A plaintiff may propound interrogatories at any time that is ten (10) days after the service of the summons on, or appearance by, that party. CCP § 2030.020(b).

The party propounding interrogatories must serve the party to whom they are directed and all other parties. CCP § 2030.080.

Service may be made by fax on written agreement of the parties. CRC 2.306(a).

Responses to interrogatories are due within thirty (30) days if the interrogatories were personally served, thirty-five (35) days if the interrogatories were served by mail, and thirty (30) days plus two (2) court days if the interrogatories were served by express mail or facsimile or electronically. CCP § 2030.260; CCP § 1013; CRC 2060(b)(2). CRC 2.260(d).

Interrogatory Rules

The propounding party must number each set consecutively. In the first paragraph immediately below the title of the case, there must appear the identity of the propounding party, the set number, and the identity of the responding party. Each interrogatory must be separately set forth and identified by number or letter. CCP § 2030.060.

Each interrogatory must be complete. No preface or instruction may be included unless it has been approved under the CCP. Any term specially defined must be typed in capital letters. No special interrogatory may contain subparts, or a compound, conjunctive, or disjunctive question. CCP § 2030.060(d).

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. CCP § 2030.010(b).

An interrogatory may not impose a duty to supplement an answer with later acquired information. CCP § 2030.060(g).

A party may propound a supplemental interrogatory to elicit later acquired information bearing on all answers previously made by any party twice prior to the initial setting of a trial date, and once after the initial setting of a trial date. CCP § 2030.070. Supplemental interrogatories must include, immediately below the title of the case, the identity of the propounding and responding party, the set number and identification of the discovery as supplemental interrogatories. CRC 331(a). CRC 3.1000(a).

A party may propound 35 special interrogatories and any additional number of official form interrogatories. Unless the propounding party has made the required declaration, the responding party need only respond to the first 35 special interrogatories, if the responding party states an objection on the ground that the limit has been exceeded. CCP § 2030.030.