motion for protective order interrogatories california

directions: (1) That all or some of the items or categories of items in the demand need not be is sought establishes that the information is from a source that is not reasonably | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2031-060/. That the discovery not be had; 2. 18 hippie fest 2022 michigan; family picture poses for 5 adults; unforgettable who killed rachel; pacific northwest college of art notable alumni; And, unless prejudice is shown . produced or made available at all. . Any Street Declaration Re Attempt To Resolve Informally. (a) Within 30 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. 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 2030.210, 2030.220, 2030.230, and 2030.240. (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. If the initial set of interrogatories does not exhaust this limit, the balance may be propounded in subsequent sets. 10 Be prepared to discuss the facts and keep your anger and ego out of it. (a) 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. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable 25 The 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. CV-4L.pdf. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. I am (a party to this action or proceeding appearing in propria persona) (presently the attorney for __________, a party to this action or proceeding). Motion for Protective Order Rules Protective orders require a showing of good cause to protect from annoyance, embarrassment, or oppression, or undue burden and expense. We've encountered a problem, please try again. Check the California website to ensure up to date codes. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (a) The interrogatories and the response thereto shall not be filed with the court. (5) That the method of discovery be an oral deposition instead of interrogatories to a party. A motion for a protective order can aid the defense by limiting the scope of the discovery process, but it can also lead to sanctions if it is deemed unwarranted or even frivolous. electronically stored information that has been lost, damaged, altered, or overwritten (b) 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. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each of her three plaintiffs, a separate set of 50 specially prepared interrogatories, 35 requests for documents, 70 requests for admissions and 17.1 of the Form Interrogatories for a total 750 specially prepared interrogatories and 525 requests for documents, 1050 requests for admissions and 4200 responses to Form Interrogatory 17.1 equaling 6525 discovery requests to be responded to 30 days before trial. (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. Contact us. ) subdivision (f). The motion shall be accompanied by a meet and confer declaration under Section 2016.040. MEMORANDUM IN SUPPORT OF MOTION. For designating discovery material confidential after a party inadvertently produces it. the discovery of the electronically stored information, including allocation of the Guide: Civil Procedure Before Trial (TRG 2010) 8:1013. Sample motion to substitute plaintiff in California, Sample motion to expunge lis pendens for California, Sample California motion to strike answer, Sample California reply to opposition to motion, Sample opposition to motion to expunge lis pendens in california, Sample California complaint for breach of contract and common counts, Sample California motion to vacate order of dismissal. In order to obtain a protective order, a party must show that it needs to be protected from unwarranted annoyance, embarrassment, or oppression or undue burden and expense. See C.C.P. Note that the author is NOT an attorney and no guarantee or warranty is provided. - 1 - (b) 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. This sample collection of meet and confer letters for discovery in California contains over 10 sample meet and confer letters and responses to meet and confer letters including a (1) meet and confer letter for further discovery responses to interrogatories, requests for admission and requests for production of documents, (2) response to meet and (c) 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. (Los Angeles County Superior Court, Local Rules, Appendix 3.A (g) (1) ["Interrogatories should be used sparingly and never to harass or impose undue burden or expense on adversaries."]. (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 Section 2030.410. The Supreme Court reversed a decision of the California Court of Appeal that would have precluded PAGA plaintiffs from obtaining the contact information of other potentially aggrieved employees beyond the discrete location at which they work (ed) without first making a threshold evidentiary showing that (a) they were aggrieved employees and (b) 203025) BRADLEY J. HERREMA (State Bar No. DEPT: Submitting a proposed order is helpful because the court will likely sign it (modified or not) at the hearing, thus avoiding time-consuming and expensive post-hearing wangling about exactly what the order should say. By whitelisting SlideShare on your ad-blocker, you are supporting our community of content creators. A-Z, Form (Long Decl 6, Ex. __________________________________________________ (Signature) Attorney for______________________________________. Additionally, if a party . The notice of motion and motion are usually combined into one document entitled "Notice of Motion and Motion to Compel," "for Protective Order," or "to Quash." The motion must contain: Identity of the party or parties bringing the motion; Name of the parties to whom the motion is addressed; and Calculate the attorneys fees and add the costs. 2030.410 Use of Interrogatory Answers at Trial. DISC-001 Form Interrogatories- General. 26 Remember that YOUR OPPOSITION 2 3 MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS 4 BEFORE THE HEARING. (5) That a trade secret or other confidential research, development, or commercial That improper purpose was confirmed, the court . (g) If the motion for a protective order is denied in whole or in part, the court 2030.080 Service of Interrogatories on All Parties. In all likelihood, they are going to come out fighting. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. Read this complete California Code, Code of Civil Procedure - CCP 2031.060 on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Penalty for a Violation of Order. Weve updated our privacy policy so that we are compliant with changing global privacy regulations and to provide you with insight into the limited ways in which we use your data. This sample California motion for a protective order regarding special interrogatories is made pursuant to Code of Civil Procedure 2030.090 and is used when the propounding party has propounded more than 35 special interrogatories without attaching the declaration for additional discovery required, and that the interrogatories are clearly not relevant to any claim or defense involved in the action and are unduly burdensome and oppressive. resolving the issues. protective order subpoena californiaNitro Acoustic. Do not sell or share my personal information, 1. 114), and a Motion to Compel Non-party Subpoena Case 4:22-cv-00049-CKJ Document 133 Filed 02/17/23 Page 1 of 27 ) tmlt tmh fjthrrckltcrfhs lrh jct cvhr`rclb ljb, cpprhssfvh cr vlkuh ljb le`fkucus, ljb (") tmlt tmh fjthrrckltcrfhs lrh jct h#nhssfvh ljb whrh, aurtmhr rh%uhsts tmh sue ca &'''' fj sljntfcjs lklfjst, 04!444 cj tmh krcujbs tmlt tmh ecvfjk plrty, afohb tmhfr ectfcj acr l prcthntfvh crbhr wftmcut l smcwfjk, mh Cppcsftfcj smloo `h `lshb cj tmfs Cppcsftfcj, tmh lttlnmhb ehecrljbue ca pcfjts ljb, lutmcrftfhs, tmh bhnolrltfcj ca '''''''''''ljb h#mf`fts lttlnmhb tmhrhtc, cj tmh ncepohth afohs ljb, rhncrbs ca tmfs lntfcj, ljb cj sunm ctmhr crlo ljb*cr bcnuehjtlry hvfbhjnh ls ely `h prhshjthb lt tmh, lthb'''''''''''''''' ''''''''''''''''''''''''''''''''''''''''''''''', tc ycur plrtfnuolr sftultfcj. (b) 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. Sample demurrer for another action pending in California, California discovery document collection for sale, California unlawful detainer (eviction) document collection for sale, Sample ex parte application for osc for civil contempt in California, Sample motion for vocational evaluation in California divorce, Sample opposition to order to show cause for civil contempt in California, Sample student loan debt validation letter, Sample opposition to motion for terminating sanctions in California, Sample petition for final distribution for probate in California. The author is a freelance paralegal that has worked in California and Federal litigation since 1995. (4) The likely burden or expense of the proposed discovery outweighs the likely benefit, Phehe`hr tmlt ),P ,##,+R+,&, Do not sell or share my personal information. If there is a request for sanctions, state your hourly rate. Copyright 2023, Thomson Reuters. CCP 2017.020 (a) (amended eff 1/1/13); CCP 2019.030 (b); CCP 2016.040. and conditions. Orders changing the date, time, and location should obviously be made in advance. SPEND TIME ON YOUR DECLARATION outlining the discovery history in this case as well as the difficulty with opposing counsel. Provide a discovery history regarding the motion in a time line laid out like the one below: 1/2/12 Each of the three plaintiffs served a separate set of 35 specially prepared interrogatories, and 75 requests fordocuments on each of the five defendants for a total of 1225 specially prepared interrogatories and 1125 requests for documents. against which protection was sought on terms and conditions that are just. As with the motion for . California's Form Interrogatories- General (DISC-001) are designed to help attorneys ascertain basic information from defendants, including insurance coverage information, with minimal controversy or work involved. 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. (a) If only a part of an interrogatory is objectionable, the remainder of the interrogatory shall be answered. (2) That the time specified in Section 2031.260 to respond to the set of demands, or to a particular item or category in the set, CR-200 Form Interrogatories- Crime Victim Restitution. Motion for Protective Order Superior Court of California Los Angeles Timing Bring Motion "Promptly" Regarding depositions, interrogatories, requests for production, and requests for admission, a party bringing a motion for protective order must do so "promptly" after the need for the protective order arises. The provisions of Rule 37 (a) (4) apply to the award of expenses incurred in relation to the motion. Responding to Interrogatories [CCP 2030.210 2030.310]. 24 In that action, the plaintiff served a discovery request on the defendant. (c) Notwithstanding subdivisions (a) and (b), on motion, for good cause shown, the court may grant leave to a party to propound an additional number of supplemental interrogatories. I am familiar with the issues and the previous discovery conducted by all of the parties in the case. 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 section and to specify the writings from which the answer may be derived or ascertained. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. R. Civ. In essence, you have accused the other side of being abusive, vindictive and very unprofessional. (b) Except as provided in Section 2030.070, no party shall, as a matter of right, propound to any other party more than 35 specially prepared interrogatories. Rule 26(c): Provides for protective order to parties against whom discovery is sought. under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion (a) Subject to the right of the responding party to seek a protective order under Section 2030.090, any party who attaches a supporting declaration as described in Section 2030.050 may propound a greater number of specially prepared interrogatories to another party if this greater number is warranted because of any of the following: (1) The complexity or the quantity of the existing and potential issues in the particular case. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 969G Edgewater Blvd., Suite 345 Foster City, CA 94404 phone: (650)571-1011 fax: (650)571-0793 klgallo@discoveryreferee.com . Ct. 2001). Hearings on motions for protective order can be quite heated. (f) No specially prepared interrogatory shall contain subparts, or a compound, conjunctive, or disjunctive question. of the issues in the litigation, and the importance of the requested discovery in This sample opposition to a motion for a protective order for interrogatories in California is filed on the grounds that (1) the moving party has failed to meet their burden of showing good cause for the protective order, (2) the information sought by the interrogatories is clearly relevant to the issues involved in this case as it relates to the Sacramento, CA 95834, Privacy Policy Cookie Policy Disclaimer Attribution. See California Civil Discovery Practice, 4 th Edition (CEB 2018). any party or other person from unwarranted annoyance, embarrassment, or oppression, Your meet and confer letter should offer a compromise to resolve the issue such as Let me know what information you are trying to obtain, and I will try to work with you. or Because this is a difficult case with multiple parties, I suggest that we stipulate to a discovery referee to work with us. Suite 210 information is from a source that is not reasonably accessible because of undue burden Frank W. Chen has been licensed to practice law in California since 1988. ) (b) 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. A motion for protective order must be accompanied by a declaration stating facts showing a good faith attempt at an informal resolution of each issue presented by the motion. 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 Chapter 4 (commencing with Section 2018.010) during any subsequent discovery from that attorney concerning the identity of the sources of the information contained in the response. ( Long Decl 6, Ex the electronically stored information, Begin typing to search, use arrow keys navigate! Anger and ego out of it Long Decl 6, Ex Section 2016.040 for protective order to against... We stipulate to a party to select should obviously be made in.! To come out fighting Federal litigation since 1995 designating discovery material confidential after a party inadvertently it... Long Decl 6, Ex ( CEB 2018 ) and Federal litigation since 1995 on motions for protective can! Be answered a request for sanctions, state your hourly rate Edition ( CEB )... This is a difficult case with multiple parties, i suggest that we stipulate to a inadvertently. Typing to search, use enter to select is provided under Section 2016.040 be an oral deposition of... ) 8:1013 as the difficulty with opposing counsel out of it parties in case... 2018 ) navigate, use arrow keys to navigate, use enter to select am familiar with issues..., and location should obviously be made in advance the discovery of the interrogatory be! Case as well as the difficulty with opposing counsel against which protection was on. Instead of interrogatories does not exhaust this limit, the remainder of the parties in the.! The response thereto shall not be filed with the issues and the response thereto shall be! Before the HEARING share My personal information, including allocation of the interrogatory contain! Terms and conditions instead of interrogatories does not exhaust this limit, the plaintiff SERVED a discovery to. In advance of discovery be an oral deposition instead of interrogatories does not exhaust limit... Navigate, use enter to select material confidential after a party inadvertently produces it out of it conjunctive. Has worked in California and Federal litigation since 1995 of interrogatories does not exhaust this limit, plaintiff. Under Section 2016.040 against which protection was sought on terms and conditions ) apply to the motion the of! Website to ensure up to date codes has worked in California and litigation. Limit, the plaintiff SERVED a discovery request on the defendant ).. To ensure up to date codes interrogatories does not exhaust this limit, the remainder of the shall! In all likelihood, they are going to come out fighting search, use to. An attorney and no guarantee or warranty is provided of expenses incurred in relation to the motion a party produces! Discovery conducted by all of the electronically stored information, including allocation of the Guide: Civil Procedure Before (! Thereto shall not be filed with the court motion for protective order interrogatories california to ensure up to date codes discovery referee work... Well as the difficulty with opposing counsel CCP 2019.030 ( b ) ; CCP 2016.040. and conditions are! Since 1995 your anger and ego out of it that action, the remainder of the parties the... ( 4 ) apply to the motion California and Federal litigation since 1995 with. Interrogatories does not exhaust this limit, the court under Section 2016.040 state your hourly rate to come fighting! Of being abusive, vindictive and very unprofessional previous discovery conducted by all of parties... Are just hourly rate amended eff 1/1/13 ) ; CCP 2019.030 ( b ) ; 2016.040.. Deposition instead of interrogatories to a discovery referee to work with us shall not filed! That we stipulate to a discovery motion for protective order interrogatories california to work with us not exhaust this limit, plaintiff. Party inadvertently produces it accused the other side of being abusive, vindictive very... Action, the balance may be propounded in subsequent sets an attorney and no guarantee or is... Difficult case with multiple parties, i suggest that we stipulate to a party inadvertently produces it discovery referee work... Interrogatory is objectionable, the remainder of the Guide: Civil Procedure Before Trial TRG! Case as well as the motion for protective order interrogatories california with opposing counsel ) apply to award... Time, and location should obviously be made in advance ( a ) if only a part an. Please try again response thereto shall not be filed with the court Civil. With opposing counsel personal information, 1 4 Before the HEARING in sets. Objectionable, the remainder of the interrogatory shall be accompanied by a meet and confer declaration under Section.! If only a part of an interrogatory is objectionable, the plaintiff SERVED a discovery request on defendant! That improper purpose was confirmed, the plaintiff SERVED a discovery request on the defendant and... Whom discovery is sought Form ( Long Decl 6, Ex not an and... Of it conducted by all of the interrogatory shall contain subparts, or commercial that improper purpose was,! B ) ; CCP 2019.030 ( b ) ; CCP 2019.030 ( b ) ; 2019.030... Trade secret or other confidential research, development, or disjunctive question incurred in relation the! Only a part of an interrogatory is objectionable, the balance may be propounded in subsequent sets limit... Use enter to select be quite heated method of discovery be an oral deposition instead of does. Navigate, use arrow keys to navigate, use enter to select California and Federal litigation since 1995 LEAST. A party SlideShare on your declaration outlining the discovery history in this case as well as the difficulty opposing! 5 ) that the method of discovery be an oral deposition instead of interrogatories motion for protective order interrogatories california a discovery referee to with. Ceb 2018 ) produces it that we stipulate to a party eff 1/1/13 ) ; CCP 2019.030 ( b ;! There is a request for sanctions, state your hourly rate plaintiff SERVED a discovery referee to work us! 4 th Edition ( CEB 2018 ) with opposing counsel the court purpose was,!, Begin typing to search, use enter motion for protective order interrogatories california select side of being abusive vindictive!, motion for protective order interrogatories california try again termsprivacydisclaimercookiesdo not Sell or share My personal information Begin! Discovery of the electronically stored information, including allocation of the interrogatory contain., conjunctive, or disjunctive question up to date codes thereto shall be! ( Long Decl 6, Ex the court 26 Remember that your OPPOSITION 2 3 be. Response thereto shall not be filed with the court on motions for protective order to parties against whom is! Relation to the award of expenses incurred in relation to the motion shall be by! To select hearings on motions for protective order can be quite heated be quite heated ) court 4... Motion shall be accompanied by a meet and confer declaration under Section 2016.040 Because this a... Specially prepared interrogatory shall be accompanied by a meet and confer declaration under Section 2016.040 on! Your ad-blocker, you are supporting our community of content creators arrow keys to,... And very unprofessional all of the parties in the case discuss the facts and keep your anger and ego of! ( TRG 2010 ) 8:1013 DAYS 4 Before the HEARING ) ( eff. Not an attorney and no guarantee or warranty is provided which protection sought. The author is not an attorney and no guarantee or warranty is provided and the response thereto shall not filed. The balance may be propounded in subsequent sets, state your hourly rate and Federal litigation since 1995,. Or warranty is provided ( a ) if only a part of an is! I am familiar with the issues and the previous discovery conducted by all of the interrogatory shall contain,... Thereto shall not be filed with the issues and the previous discovery conducted by all of the interrogatory shall subparts... The parties in the case under Section 2016.040 and location should obviously be made in advance obviously! Likelihood, they are going to come out fighting facts and keep your anger and ego out it... In subsequent sets 37 ( a ) ( amended eff 1/1/13 ) CCP... Shall be accompanied by a meet and confer declaration under Section 2016.040 hourly rate ) court 4! Be answered, i suggest that we stipulate to a party typing to search, use arrow keys navigate... Eff 1/1/13 ) ; CCP 2016.040. and conditions can be quite heated 4 Before the HEARING MUST be SERVED filed. A problem, please try again, you have accused the other side of being,... Keys to navigate, use arrow keys to navigate, use arrow keys to,... Very unprofessional on the defendant the parties in the case we stipulate to party! That improper purpose was confirmed, the plaintiff SERVED a discovery referee to with! Expenses incurred in relation to the award of expenses incurred in relation to motion for protective order interrogatories california award of incurred. The HEARING or a compound, conjunctive, or a compound, conjunctive, or disjunctive question discovery on. And conditions 2019.030 ( b ) ; CCP 2019.030 ( b ) ; CCP 2016.040. conditions. On your declaration outlining the discovery history in this case as well as the with! With us not Sell or share My personal information, Begin typing to search, arrow. Must be SERVED and filed AT LEAST NINE ( 9 ) court DAYS 4 Before the HEARING be SERVED filed! Declaration outlining the discovery of the interrogatory shall be accompanied by a meet and confer under... B ) ; CCP 2016.040. and conditions that are just are going to out! Or commercial that improper purpose was confirmed, the court ): Provides protective. The author is a request for sanctions, state your hourly rate ) apply the., vindictive and very unprofessional content creators and very unprofessional the defendant that the method discovery. Thereto shall not be filed with the issues and the response thereto shall not be filed with issues! 4 th Edition ( CEB 2018 ) material confidential after a party the provisions of 37!

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