Q: Declaration re additional production demands

A: In California, the rules governing discovery in civil cases are primarily found in the Civil Discovery Act, which is part of the California Code of Civil Procedure (CCP).

1. Regarding the number of production demands:

CCP § 2031.030 states that a party may demand the production of documents, tangible things, and land or other property. The statute does not specify a limit on the number of demands that can be made.

2. Separate declaration for demands over 35:

There is no specific requirement in the CCP for a separate declaration when making more than 35 production demands. However, CCP § 2031.050 allows a responding party to object to a demand if it is unreasonable or oppressive.

3. Combining declarations for additional production demands and interrogatories:

CCP § 2030.030 governs the number of interrogatories a party may propound. If a party wants to propound more than 35 specially prepared interrogatories, they must attach a Declaration for Additional Discovery. This declaration is specific to interrogatories and is required by CCP § 2030.040.

There is no similar requirement for a declaration when making additional production demands. However, it is generally advisable to keep declarations for additional interrogatories and production demands separate, as they serve different purposes and are governed by different sections of the CCP.

In summary, while there is no specific limit on the number of production demands or a requirement for a separate declaration for demands over 35, a responding party may object to unreasonable or oppressive demands. Declarations for additional interrogatories should be kept separate from any declarations related to production demands.