Q: Can you withdraw discovery requests if they have not been answered by a defendant in Limited Civil Cases?
We accidently propounded over the 35 request limit but the defendant has not answered any requests OR posted any objections after the due date, since they waived all rights on the discovery and have failed to produce responses can we just waive the set and re propound?
A: If the due date for a response to the discovery has passed, you are entitled to file a motion to compel responses (but only up to the 35 question limit) and seek monetary sanctions for failure to respond. If the deadline for responses has not yet passed, then yes you can withdraw discovery requests and re-serve an amended set on the other party.
A:
In California, if you've exceeded the limit of 35 discovery requests in a Limited Civil Case and the defendant has not responded or objected, you generally have the option to withdraw the excessive requests. This can be done by serving a notice of withdrawal for the specific requests you intend to remove.
Once these requests are officially withdrawn, you may then propound a new set of requests, ensuring they stay within the prescribed limit. It's important to keep in mind that the rules for discovery are designed to be fair and efficient, so managing the number of requests carefully is crucial.
Remember, even if the defendant has not responded or objected, the procedural rules still apply to both parties. It's advisable to proceed with caution and in accordance with the California Code of Civil Procedure to avoid any potential issues. If you're uncertain about the best course of action, consulting with a colleague or reviewing relevant legal resources may provide additional clarity.
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