Written Discovery: A Client's Preparation Guide

Start with these steps

• Send the complete requests and the date and method by which you received them.
• Read the instructions from our office before preparing your draft.
• Keep each set separate and preserve every question number and subpart.
• Gather records, identify missing information and tell us where else it may exist.
• Return your information by the date the office requests, or contact us before then if you need help.

If our office asks for information within five calendar days, that is an internal preparation target unless we tell you otherwise. It is not a statement that California law gives every party five days to respond. Counsel must determine the formal deadline, including any applicable extension, agreement or order.

Form interrogatories

These are questions on a Judicial Council form. Identify the questions selected for response and review each applicable subpart. The subject may include background, the incident, injuries, treatment, witnesses or claimed losses.

Use records to check names, dates and amounts where possible. If you need an estimate, identify it to your attorney rather than presenting it as an exact fact.

Special interrogatories

These are questions prepared for the case rather than selected from a standard form. Read the defined terms, time period and wording carefully. Address the actual question and identify facts you need to verify.

Do not substitute an argument about why you should win. Provide the underlying information and explain uncertainty. Counsel will consider the legal form of the response and any appropriate objection.

Requests for production

Search the locations where responsive material may reasonably exist: paper files, email, text messages, phones, cloud storage and other sources identified with your attorney. Preserve originals and provide copies through the method the office requests.

Label material so it can be matched to the request. Tell us if a document never existed, was lost or is held by someone else. Do not claim that a search is complete without actually checking the sources discussed with counsel.

A production demand involves a written response as well as production when required. Your attorney handles the legal response; uploading a folder alone may not finish the task.

Requests for admission

Review each exact statement or identified document. Explain which parts you can confirm, which you believe are inaccurate and what investigation you performed. Do not admit something merely to finish quickly or deny a true matter because it seems unfavorable.

Give your attorney the supporting facts and records. A qualified response or an inability to admit or deny requires careful attention; do not use a stock answer without review.

Review before signing

Read the final factual responses in full. Check names, dates, amounts, attachments and whether each answer reflects what you know after the required inquiry. Ask questions before signing a verification.

Tell counsel about needed corrections promptly. Do not send a separate response to opposing counsel or assume an extension has been obtained because you requested one from our office.