Code of Civil Procedure § 2030.020 – Timing for Propounding Interrogatories
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Code of Civil Procedure § 2030.020 – Timing for Propounding Interrogatories
Code of Civil Procedure – CCP
ART 4. MISCELLANEOUS PROVISIONS [1855 – 2107]
( Heading of Part 4 amended by Stats. 1965, Ch. 299. )TITLE 4. CIVIL DISCOVERY ACT [2016.010 – 2036.050]
( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. )CHAPTER 13. Written Interrogatories [2030.010 – 2030.410]
( Chapter 13 added by Stats. 2004, Ch. 182, Sec. 23. )ARTICLE 1. Propounding Interrogatories [2030.010 – 2030.090]
( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )California Law
2030.020.
(a) A defendant may propound interrogatories to a party to the action without leave of court at any time.
(b) 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.
(c) Notwithstanding subdivision (b), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, a plaintiff may propound interrogatories to a party without leave of court at any time that is five days after service of the summons on, or appearance by, that party, whichever occurs first.
(d) Notwithstanding subdivisions (b) and (c), on motion with or without notice, the court, for good cause shown, may grant leave to a plaintiff to propound interrogatories at an earlier time.
(Amended by Stats. 2007, Ch. 113, Sec. 7. Effective January 1, 2008.)
California Law Summary
This statute governs the timing for propounding interrogatories in civil cases. It states that:
A party may not serve written interrogatories on any other party until 10 days after the service of the summons on that party,
Or at any time after the party has appeared in the action.
Purpose
To ensure fairness in the discovery process by allowing a reasonable period for defendants to be informed of the lawsuit and respond before being subject to written discovery. This promotes orderly litigation and avoids premature or burdensome demands.
Application
This statute applies to all parties wishing to use interrogatories as a discovery tool. Interrogatories may only be served:
10 days after service of the summons, or
Immediately after the responding party makes an appearance in the case.
Service of interrogatories before this period may be considered premature and subject to objection, delay, or sanctions.
