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Q: LEGAL - DISCOVERY QUESTION ( Answered,   0 Comments )
Question  
Subject: LEGAL - DISCOVERY QUESTION
Category: Reference, Education and News
Asked by: jphighfill-ga
List Price: $2.00
Posted: 19 Jan 2006 11:53 PST
Expires: 18 Feb 2006 11:53 PST
Question ID: 435511
QUICK LEGAL QUESTION:

For State of California, County of Los Angeles

When sending discoveries out, e.g., Request for Production of
Documents, Responses to Form Interrogatories, etc., as well as things
like Statement of Damages, do we usually send the ORIGINAL to the
opposing attorney and make a copy for our files?  Or do we simply keep
the ORIGINAL and send the attorney a copy (which is the way I have
been doing it)?

Obviously, we don?t send these to the court.

Thanks.
Answer  
Subject: Re: LEGAL - DISCOVERY QUESTION
Answered By: hagan-ga on 19 Jan 2006 12:41 PST
 
You've been doing it right.  The propounding party keeps the original
discovery, and receives the original response, so he has a complete
original set.
See Code of Civil Procedure Section 2031(j):
"The interrogatories and the response thereto shall not be
filed with the court.  The propounding party shall retain both the
original of the interrogatories, with the original proof of service
affixed to them, and the original of the sworn response until six
months after final disposition of the action.  At that time, both
originals may be destroyed, unless the court on motion of any party
and for good cause shown orders that the originals be preserved for a
longer period."
http://caselaw.lp.findlaw.com/cacodes/ccp/2016-2036.html
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