Propounding Interrogatories

Code of Civil Procedure Part 4, Title 4, Chapter 13, Article 1 deals with propounding written interrogatories under the Civil Discovery Act in California.

Section 2030.010 allows any party to obtain discovery and subject to the restrictions set forth in law by propounding to any other party to the action written interrogatories to be answered under oath. An interrogatory may relate to whether another party is making a certain contention, or to the facts, witnesses, and writings on which a contention is based.

An interrogatory is not objectionable because an answer to it involves an opinion or contention that relates to fact or the application of law to fact, or would be based on information obtained or legal theories developed in anticipation of litigation or in preparation for trial.

Section 2030.020 allows a defendant to propound interrogatories to a party to the action without leave of court at any time. A plaintiff may propound interrogatories to a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first.

Section 2030.030 allows a party to propound to another party either or both of the specified interrogatories.

Section 2030.040 specifies that, subject to the right of the responding party to seek a protective order, any party who attaches a supporting declaration may propound a greater number of specially prepared interrogatories to another party if this greater number is warranted because of any of the three specified conditions.

Section 2030.050 provides that any party who is propounding or has propounded more than 35 specially prepared interrogatories to any other party must attach to each set of those interrogatories a declaration containing substantially the forms contained in this section.

Section 2030.060 requires a party propounding interrogatories to number each set of interrogatories consecutively. They also have to comply with six additional requirements.

Section 2030.070 provides that, in addition to the number of interrogatories permitted, a party may propound a supplemental interrogatory to elicit any later acquired information bearing on all answers previously made by any party in response to interrogatories.

Section 2030.080 requires the party propounding interrogatories to serve a copy of them on the party to whom the interrogatories are directed. The propounding party must also serve a copy of the interrogatories on all other parties who have appeared in the action. On motion, with or without notice, the court may relieve the party from this requirement on its determination that service on all other parties would be unduly expensive or burdensome.

Section 2030.090 provides that, 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 motion has to be accompanied by a meet and confer declaration.

If the motion for a protective order is denied in whole or in part, the court may order that the party provide or permit the discovery against which protection was sought on terms and conditions that are just.