Asked in Family Law, Child Custody and Child Support for California

Q: No proof of Service attached to Request for Production, how do I know this is involved with the courts.

I received on Sept 13 a Request for Production of Documents Set and Form Interrogatories -Family Law, it states I have 30 days from the date of service by serving a response under oath. Problem is there is no Proof of Service attached. How do I know that this is indeed in fact filed with the court. The court website shows proof of service September 13th but it shows it for Income and Expense Declaration and Responsive Declaration nothing about Requests for Production of Documents or Interrogatories I dont want to provide information if it is not requested through the court. The form also states that the 30 days is October 13th, shouldn't it include 5 days for delivery in the mail. We have no pending court case hearings so I am unsure what this is for, we had a child support hearing today 9/23, will that play into anything in the future?

1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: Discovery requests like what you appear to have received are not filed with the court. They are not issued by the court and do not go through the court at all. There's no way of knowing whether the October 13 expiration date you mention is indeed the right one without seeing the documents you have. Discovery can and often is served without any future court dates set.

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