Resolving Discovery Disputes - You've Blown the Dreaded Draconian 45-Day Rule-Now What Do You Do? - Comments http://www.resolvingdiscoverydisputes.com/ California Discovery Referee & Mediator en Copyright 2011 Wed, 26 Oct 2011 20:53:13 -0800 Wed, 26 Oct 2011 20:53:13 -0800 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss Adrianos Facchetti Katherine:

As a Los Angeles defamation lawyer, I love your blog. It's extremely practical and insightful. So if I ready this post correctly, you can serve form rogs or specials rogs together with a deposition notice and the deponent needs to provide answers at the deposition? Is that true? If so, do you have to wait 35 (30 +5) days to take the depo or can you do it in 15 (10 + 5).

]]> http://www.resolvingdiscoverydisputes.com/request-for-production-of-documents-1/youve-blown-the-dreaded-draconian-45-day-rule-what-do-you-do/#18182 http://www.resolvingdiscoverydisputes.com/request-for-production-of-documents-1/youve-blown-the-dreaded-draconian-45-day-rule-what-do-you-do/#18182 InterrogatoriesMotionsRequest for AdmissionsRequest for Production of documents Thu, 05 Aug 2010 10:00:00 -0800 Katherine Gallo Peter Adrianos - I believe what Katherine is saying is that if you have failed to obtain responses to one form of discovery, you can obtain those responses through another form of discovery. For instance, if your 45 day time limit has lapsed for a Motion to Compel responses to Interrogatories, and there has been no satisfactory response, why not just serve a deposition notice and ask the exact same questions there? Or, you can serve a Request for Admissions that mirror the interrogatories, and attach Form Rog 17.1 for the same result.

The most powerful tool for discovery workarounds is the Notice of Deposition with Request for Production. When you have less than thirty days before the discovery cutoff, a Notice of Deposition can serve as a suitable replacement for Request for Admission, Interrogatories, or a Request for Production. The only problem is when you have already deposed the person with the answers - so, then you use a Person Most Knowledgeable deposition notice (assuming you have a business entity party) or a deposition of a third party that has the same info.

]]> http://www.resolvingdiscoverydisputes.com/request-for-production-of-documents-1/youve-blown-the-dreaded-draconian-45-day-rule-what-do-you-do/#18185 http://www.resolvingdiscoverydisputes.com/request-for-production-of-documents-1/youve-blown-the-dreaded-draconian-45-day-rule-what-do-you-do/#18185 InterrogatoriesMotionsRequest for AdmissionsRequest for Production of documents Thu, 05 Aug 2010 10:00:00 -0800 Katherine Gallo Adrianos Facchetti Thanks for the response, Peter.

]]> http://www.resolvingdiscoverydisputes.com/request-for-production-of-documents-1/youve-blown-the-dreaded-draconian-45-day-rule-what-do-you-do/#18202 http://www.resolvingdiscoverydisputes.com/request-for-production-of-documents-1/youve-blown-the-dreaded-draconian-45-day-rule-what-do-you-do/#18202 InterrogatoriesMotionsRequest for AdmissionsRequest for Production of documents Thu, 05 Aug 2010 10:00:00 -0800 Katherine Gallo Jeffrey Galen Does anyone know the proper procedure to bring a third party corporate PMK to trial in a State Court action in California. I have a trial and need to get a witness from a third party non defendant corporation subpoenaed to trial. Do I need to serve the individual personally or could I serve the corporations agent for process? Same thing with corporate officers of the third party non defendant corporation.

]]> http://www.resolvingdiscoverydisputes.com/request-for-production-of-documents-1/youve-blown-the-dreaded-draconian-45-day-rule-what-do-you-do/#92093 http://www.resolvingdiscoverydisputes.com/request-for-production-of-documents-1/youve-blown-the-dreaded-draconian-45-day-rule-what-do-you-do/#92093 InterrogatoriesMotionsRequest for AdmissionsRequest for Production of documents Thu, 05 Aug 2010 10:00:00 -0800 Katherine Gallo