Step 7: Draft and Prepare Motion for Protective Order. information, even from a source that is reasonably accessible, if the court determines Sacramento, CA 95834, Privacy Policy Cookie Policy Disclaimer Attribution. Did u try to use external powers for studying? Unfortunately, in many cases like the above scenario, you are going to have to file a motion for protective order. 28 Guide: Civil Procedure Before Trial (TRG 2010) 8:1013. of the issues in the litigation, and the importance of the requested discovery in 16 (a) When interrogatories have been propounded, the responding party, and any other party or affected natural person or organization may promptly move for a protective order. This protective order may include, but is not limited to, one or more of the following Do not sell or share my personal information, 1. (c) Notwithstanding subdivision (b), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, a plaintiff may propound interrogatories to a party without leave of court at any time that is five days after service of the summons on, or appearance by, that party, whichever occurs first. Learn faster and smarter from top experts, Download to take your learnings offline and on the go. None of the questions in this set of interrogatories is being propounded for any improper purpose, such as to harass the party, or the attorney for the party, to whom it is directed, or to cause unnecessary delay or needless increase in the cost of litigation. (c) The party to whom the interrogatories are propounded shall also serve a copy of the response on all other parties who have appeared in the action. Rule 26(d): Provides the timing and sequence of discovery. 5/9/2012 On the last day to hand serve written discovery, each of the three plaintiffs served separate set of 50 specially prepared interrogatories, 35 requests for documents, 70 requests for admissions and 17.1 of the FormInterrogatories for a total of on each of the five defendants for a total of 750 specially preparedinterrogatories and 525requests for documents, 1050requests for admissions and 4200 responses to FormInterrogatory 17.1. (h) Except as provided in subdivision (i), the court shall impose a monetary sanction Protective Order. Rule 26(c): Provides for protective order to parties against whom discovery is sought. These local rules are promulgated pursuant to 28 U.S.C. Others: three-year maximum unless extended by office or parties stipulate to a permanent order. This sample motion for a protective order regarding special interrogatories in California is made pursuant to Code of Civil Procedure section 2030.090 and is used when the propounding party has propounded more than 35 special interrogatories without attaching the declaration for additional discovery required, and that the interrogatories are clearly not relevant to any claim or defense involved in the action and are unduly burdensome and oppressive. (7) Whether discovery will result in annoyance, oppression, or undue burden or expense for the members of the class. This sample opposition to a motion for a protective order for interrogatories in California is filed on the grounds that (1) the moving party has failed to meet their burden of showing good cause for the protective order, (2) the information sought by the interrogatories is clearly relevant to the issues involved in this case as it relates to the You should serve your opposition by 7 Enjoy access to millions of ebooks, audiobooks, magazines, and more from Scribd. Th%s
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