What is the Time Limit for a Discovery Request

Q: What happens after the discovery process?

After the discovery process, parties may file pre-trial motions or engage in settlement discussions. If a settlement is not reached, the case will likely proceed to trial, where the evidence gathered during discovery will be presented. This phase is crucial for determining the outcome of the case.

Full question:

After I submit a "discovery request" to the District Attorney's office, how long do they have to return this information to me?

Category: Courts
Date: 04/07/2025
State: California

Answer:

The answer depends on the type of discovery request. The following is a CA statute:

2030.260. (a) Within 30 days after service of interrogatories, or
in unlawful detainer actions within five days after service of
interrogatories the party to whom the interrogatories are propounded
shall serve the original of the response to them on the propounding
party, unless on motion of the propounding party the court has
shortened the time for response, or unless on motion of the
responding party the court has extended the time for response. In
unlawful detainer actions, the party to whom the interrogatories are
propounded shall have five days from the date of service to respond
unless on motion of the propounding party the court has shortened the
time for response.

(b) The party to whom the interrogatories are propounded shall
also serve a copy of the response 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.

2030.270. (a) The party propounding interrogatories and the
responding party may agree to extend the time for service of a
response to a set of interrogatories, or to particular
interrogatories in a set, to a date beyond that provided in Section
2030.260.

(b) This agreement may be informal, but it shall be confirmed in a
writing that specifies the extended date for service of a response.

(c) Unless this agreement expressly states otherwise, it is
effective to preserve to the responding party the right to respond to
any interrogatory to which the agreement applies in any manner
specified in Sections 2030.210, 2030.220, 2030.230, and 2030.240.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long does it take for a discovery to come back?

The time it takes for discovery to come back can vary based on the type of request. Generally, in California, the responding party has 30 days to reply to interrogatories. For unlawful detainer actions, this period is shortened to 5 days. Parties may agree to extend these timelines, but such agreements should be documented in writing. Always check the specific circumstances of your case for accurate timelines.

What comes after the discovery phase?

After the discovery phase, parties typically engage in pre-trial motions, which may include motions for summary judgment or other legal requests. This phase allows parties to resolve issues before trial. If the case isn’t settled through negotiation or motions, it may proceed to trial, where evidence gathered during discovery will be presented.

Do most cases settle after discovery?

Many cases do settle after the discovery phase. The information uncovered during discovery can clarify the strengths and weaknesses of each party's position, often leading to negotiations. Settlements can occur at any point, but they are common once both parties have a clearer understanding of the evidence and potential outcomes.

What is the timeline for discovery?

In California, the standard timeline for discovery responses is typically 30 days for interrogatories. However, in unlawful detainer cases, the response time is reduced to 5 days. Parties may agree to extend these timelines, but any agreement should be documented. Specific timelines can vary based on the type of case and the agreements between the parties.