Los Angeles, CA asked in Legal Malpractice for California

Q: Rule of 35 in civil unlimited case. Discovery.

In civil unlimited case, are production demands included into count of 35?

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James L. Arrasmith
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Answered

A: In California, the "Rule of 35" refers to the limit on the number of specially prepared interrogatories that a party can propound to any other party in a civil unlimited case, as per California Code of Civil Procedure section 2030.030.

However, the limit of 35 does not apply to requests for production of documents, which are governed by a separate section of the Code of Civil Procedure (section 2031.010 et seq.). There is no specific limit on the number of requests for production of documents that can be propounded in a civil unlimited case in California.

That being said, the number of requests for production should still be reasonable and not unduly burdensome or oppressive to the responding party. If the requests are deemed excessive or unduly burdensome, the responding party may object on those grounds and seek a protective order from the court.

In summary, the "Rule of 35" applies only to specially prepared interrogatories and does not include requests for production of documents in its count.

Please note that this is a general overview of the law and should not be considered legal advice. For specific legal questions, it is always best to consult with a qualified attorney licensed in your jurisdiction.

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