How Many Special Interrogatories in California?
In the legal landscape of California, special interrogatories play a significant role in the discovery process. These written questions are used to obtain specific information from the opposing party. However, determining the number of special interrogatories allowed in a case can be a bit confusing. This article aims to shed light on the topic and provide a clearer understanding of how many special interrogatories are permissible in California.
Understanding Special Interrogatories
Special interrogatories are a type of written question used to obtain specific information from the opposing party. They are different from general interrogatories, which are broader in nature. Special interrogatories are typically used to elicit facts, opinions, or admissions from the opposing party. These questions are designed to be concise and specific, focusing on particular issues in the case.
California Rules on Special Interrogatories
In California, the number of special interrogatories allowed in a case is governed by the California Code of Civil Procedure (CCP). According to CCP §2031.040, each party is entitled to serve up to 35 special interrogatories on the opposing party. However, this limit can be extended if both parties agree to a higher number of interrogatories.
Extending the Number of Special Interrogatories
If the parties wish to exceed the standard 35 special interrogatories, they must agree to do so in writing. This agreement should be made before the deadline for serving the interrogatories. It is essential to note that the agreement to extend the number of special interrogatories must be mutual, and both parties must consent to the change.
Special Considerations
While the CCP provides a general rule on the number of special interrogatories, there are certain exceptions and special considerations to keep in mind. For instance, in family law cases, the court may allow more than 35 special interrogatories if the complexity of the case necessitates it. Additionally, the court may limit the number of special interrogatories if they are deemed overly burdensome or not reasonably calculated to lead to the discovery of admissible evidence.
Conclusion
In conclusion, the number of special interrogatories allowed in a California case is generally 35, as per CCP §2031.040. However, this number can be extended with mutual consent from both parties. It is crucial to understand the rules and limitations surrounding special interrogatories to ensure a fair and efficient discovery process in legal proceedings.
