Q: I am one of the beneficiaries in the Turner Family Trust. We are scheduled for a mandatory settlement hearing on August
9, 2024. I was served papers from the opposing side. Special Interrogatorries that had 3 parts. Request for production of Docs 100 questions. Request for admission 91 Questions, Special Interrogatories 245 questions. I read that the opposing side is not allowed to request these Docs before our mandatory settlement hearing and how many questions can they ask? I do not have a lawyer.
A:
Under California law, there are specific limits on discovery requests in civil cases. Generally, each party is allowed 35 special interrogatories, 35 requests for admission, and an unlimited number of requests for production of documents, though they must be reasonable in scope. The numbers you've mentioned far exceed these limits for special interrogatories and requests for admission.
In your case, since you received 245 special interrogatories and 91 requests for admission, this exceeds the standard limit. You have the right to object to these excessive requests based on the discovery limits set by California law. Additionally, discovery requests must be served in good faith and not be overly burdensome.
Regarding the timing of discovery requests, California law does not prohibit serving them before a mandatory settlement conference. However, all discovery should be conducted within the rules and limitations set by the court. If you believe the opposing side is abusing the discovery process, you can file a motion for a protective order to limit or strike the excessive requests.
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