How to Respond to Written Discovery in California Litigation: Interrogatories, Requests for Admission, and Requests for Production

Responding to written discovery requests is a pivotal moment in any California civil lawsuit. Whether you are a client or a new attorney, understanding the rules and strategy for answering interrogatories, requests for admission, and requests for production is essential for protecting your legal interests and complying with the California Code of Civil Procedure.

What Is Written Discovery in California?

Written discovery is the formal process in which litigants demand information from one another during a lawsuit. Interrogatories are written questions about facts, conduct, or evidence. Requests for admission ask you to admit or deny the truth of specific facts or the authenticity of documents. Requests for production require you to provide documents, electronic records, or physical objects. Each discovery tool is governed by strict statutory requirements, and improperly handled discovery can jeopardize your case.

Key Deadlines and Compliance

Statutory deadlines for responding to California written discovery are strict: you must answer interrogatories, requests for admission, and requests for production within 30 days of service (Cal. Civ. Proc. Code §§ 2030.260(a), 2031.260(a), 2033.250(a)). If you are served by mail, you get an additional five days (Cal. Civ. Proc. Code § 1013). Failure to respond on time may waive your objections or, in the case of admissions, result in facts being “deemed admitted” (Cal. Civ. Proc. Code § 2033.280). Courts also have authority to impose sanctions for late or inadequate responses (Cal. Civ. Proc. Code § 2023.030).

Structuring Your Discovery Responses

Each category of written discovery comes with specific requirements:

• Interrogatories must be answered separately, in writing, and under oath, with answers matched to each interrogatory number (Cal. Civ. Proc. Code § 2030.210(a)).

• Requests for Admission must be admitted, denied, or answered by stating—in good faith after reasonable inquiry—that you lack sufficient information (Cal. Civ. Proc. Code § 2033.220(b)).

• Requests for Production require you to state whether you will produce the documents or objects requested, specify objections, or explain if the requested materials cannot be produced, such as because they do not exist or are no longer under your control (Cal. Civ. Proc. Code § 2031.210, § 2031.230).

Every response must be verified by a statement sworn under penalty of perjury. Proper verification builds credibility and reduces procedural risk.

Sample Objections for California Written Discovery

Strategic, legally sound objections are crucial. Use objections judiciously—excessively broad or blanket objections risk being struck by a judge. Here are California’s most common, statutorily supported objections:

Vague or Ambiguous:

“Objection: This request is vague and ambiguous as to [specified term].” (Cal. Civ. Proc. Code § 2031.210(b))

Overbroad, Unduly Burdensome, or Oppressive:

“Objection: This request is overbroad, unduly burdensome, and oppressive.” (Cal. Civ. Proc. Code § 2031.210(b))

Irrelevant:

“Objection: This request seeks information not relevant to the subject matter nor reasonably calculated to lead to the discovery of admissible evidence.” (Cal. Civ. Proc. Code § 2017.010)

Privilege and/or Work Product:

“Objection: This request seeks information protected by attorney-client privilege and/or attorney work product doctrine.” (Cal. Civ. Proc. Code §§ 2018.030, 2031.060)

Privacy:

“Objection: This request seeks information protected by the right of privacy under California Constitution, Article I, Section 1.”

Calls for Legal Conclusion:

“Objection: This request improperly calls for a legal conclusion rather than facts.”

Compound Request:

“Objection: This request is compound and contains multiple questions.”

No Possession, Custody, or Control:

“After diligent search and reasonable inquiry, the requested documents are not in the possession, custody, or control of the responding party.” (Cal. Civ. Proc. Code § 2031.230)

What Happens If You Don’t Respond?

Ignoring or missing the deadline for discovery responses can have severe consequences. Untimely or deficient responses may result in your objections being waived; worse, admissions requests can be “deemed admitted,” potentially losing critical issues before trial (Cal. Civ. Proc. Code § 2033.280). Monetary sanctions can be imposed, and you may be barred from producing evidence later (Cal. Civ. Proc. Code § 2023.030).

Drafting and Attaching a Verification

California requires responses to written discovery to be verified under penalty of perjury. For example:

“I am the respondent in this action. I have read the foregoing responses and objections to [interrogatories/requests for admission/requests for production] and hereby certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

Failure to include a proper verification can result in rejected responses and procedural problems.

Common Pitfalls and How to Avoid Them

• Failing to object specifically or relying on boilerplate objections.

• Missing deadlines by overlooking mail or scheduling issues.

• Not conducting a diligent search or reasonable inquiry before responding.

• Neglecting to consult with legal counsel about privilege, privacy, or the wording of the verification.

• Not properly meeting and conferring before seeking court intervention (Cal. Civ. Proc. Code §§ 2016.040, 2030.300, 2031.310, 2033.290).

The Meet and Confer Requirement

California law requires that parties make a good-faith effort to resolve any discovery disputes informally before filing a court motion. Engaging in a “meet and confer” process can avoid unnecessary litigation and potential sanctions.

Examples: How to Phrase Discovery Objections

Interrogatory:

Request:

“State all facts supporting your denial of liability.”

Objection:

“Objection: Overbroad and unduly burdensome; calls for a legal conclusion. Responding party will supplement as facts become known.”

Request for Production:

Request:

“Produce all communications with John Doe from January 2022 to present.”

Objection:

“Objection: Overbroad as to time and subject matter; seeks privileged and private communications. All non-privileged documents will be produced following diligent search.”

Request for Admission:

Request:

“Admit Exhibit 1 is a true and correct copy of your employment contract.”

Objection:

“Objection: After reasonable inquiry, lacks sufficient information to admit or deny and therefore denies.”

Always make objections specific, and ensure responses reflect a diligent search and reasonable inquiry.

Final Tips and Next Steps

Accurate and timely responses to California discovery requests form the backbone of effective litigation. Verify each answer, object where legally justified, and seek professional guidance for privilege or privacy issues. Good discovery responses can lead toward settlement or contribute to a successful trial outcome.

If you have received discovery requests and need practical help or guidance, contact an attorney (like myself) for a consultation. I help California clients navigate every step of litigation, from drafting responses to defending against improper requests and protecting vital legal interests.