Los Angeles, CA asked in Medical Malpractice for California

Q: If objection to production request includes only objections, shall it be verified?

If objection to production request includes only objections, shall it be verified?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, if a response to a request for production of documents contains only objections and no factual assertions, the response does not need to be verified.

California Code of Civil Procedure Section 2031.250 states:

"(a) 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.

(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 demanding party.

(c) 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."

The code specifies the required format and substance of the response, but does not require the response to be verified if it contains only objections. Verification is typically required when the response includes factual representations or assertions.

Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: If only objections then no verification is necessary.

Caution, discovery must be answered to the extent not objectionable. Therefore, a judge will look negatively on a response with only objections unless there is a major problem with the discovery.

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