Deadlines for Discovery Objections and Responses Are Not Necessarily the Same

It is a good practice to understand the significance of discovery response dates and the importance of accurate calendaring.  This article will just address one example where not paying attention can possibly lead to a bad result.

Written discovery consists of discovery requests such as Form Interrogatories, Special Interrogatories, Request for Admissions, and Demand for Inspection and Production of Documents And Things. Pursuant to the Code of Civil Procedure, a party receiving written discovery requests must service written objections within 30 days.  See, e.g., CCP Secs. 2030.260, 2031.260, 2033.250, 2016.050.  A failure to timely respond to discovery normally results in a waiver of legal objections.  See, e.g, CCP Secs. 2030.290(a), 2031.300(a), 2033.280(a); Demyer v. Costa Mesa Mobile Homes Estates, 36 Cal. App.4^th 393, 394 (1995).

One tactic in serving written discovery responses is to set a response date on the cover page that is beyond the 30 day deadline.  The responding party will possibly calendar the response date written out on the discovery request, not bothering to check if it is within the 30 day time period allowed for objections.  If the responding party then lets the 30 day deadline for serving objections pass, and subsequently serves objections and responses on the later date which was set forth on the discovery request, there is a compelling argument that discovery objections are waived.  Of course, this turns upon the distinction between discovery “objections” and “responses,” and some judges may not be receptive to this argument.

So, for example, if you serve the discovery by same-day delivery on July 18, 2012, you would write, “The responding party shall serve written response no later than August 22, 2012.”  Pursuant to the Code of Civil Procedure cites referenced above, the responding party would need to serve written objections within 30 days of July 18, which would be August 17, since July has 31 days.  However, if the responding party serves the responses and objections on August 22, they may have waived their objections.

The lesson to be learned is that whenever you receive written discovery requests, do not necessarily rely upon the response date set on the document itself.  Rather, calendar and confirm the 30 day deadline for serving objections independently of any date set forth on a discovery request.