2005 California Code of Civil Procedure Sections 2030.210-2030.310 :: :: :: Article 2. :: Response to Interrogatories (2024)

CODE OF CIVIL PROCEDURE
SECTION 2030.210-2030.310

2030.210. (a) The party to whom interrogatories have beenpropounded shall respond in writing under oath separately to eachinterrogatory by any of the following: (1) An answer containing the information sought to be discovered. (2) An exercise of the party's option to produce writings. (3) An objection to the particular interrogatory. (b) In the first paragraph of the response immediately below thetitle of the case, there shall appear the identity of the respondingparty, the set number, and the identity of the propounding party. (c) Each answer, exercise of option, or objection in the responseshall bear the same identifying number or letter and be in the samesequence as the corresponding interrogatory, but the text of thatinterrogatory need not be repeated.2030.220. (a) Each answer in a response to interrogatories shall beas complete and straightforward as the information reasonablyavailable to the responding party permits. (b) If an interrogatory cannot be answered completely, it shall beanswered to the extent possible. (c) If the responding party does not have personal knowledgesufficient to respond fully to an interrogatory, that party shall sostate, but shall make a reasonable and good faith effort to obtainthe information by inquiry to other natural persons or organizations,except where the information is equally available to the propoundingparty.2030.230. If the answer to an interrogatory would necessitate thepreparation or the making of a compilation, abstract, audit, orsummary of or from the documents of the party to whom theinterrogatory is directed, and if the burden or expense of preparingor making it would be substantially the same for the partypropounding the interrogatory as for the responding party, it is asufficient answer to that interrogatory to refer to this section andto specify the writings from which the answer may be derived orascertained. This specification shall be in sufficient detail topermit the propounding party to locate and to identify, as readily asthe responding party can, the documents from which the answer may beascertained. The responding party shall then afford to thepropounding party a reasonable opportunity to examine, audit, orinspect these documents and to make copies, compilations, abstracts,or summaries of them.2030.240. (a) If only a part of an interrogatory is objectionable,the remainder of the interrogatory shall be answered. (b) If an objection is made to an interrogatory or to a part of aninterrogatory, the specific ground for the objection shall be setforth clearly in the response. If an objection is based on a claimof privilege, the particular privilege invoked shall be clearlystated. If an objection is based on a claim that the informationsought is protected work product under Chapter 4 (commencing withSection 2018.010), that claim shall be expressly asserted.2030.250. (a) The party to whom the interrogatories are directedshall sign the response under oath unless the response contains onlyobjections. (b) If that party is a public or private corporation, or apartnership, association, or governmental agency, one of its officersor agents shall sign the response under oath on behalf of thatparty. If the officer or agent signing the response on behalf ofthat party is an attorney acting in that capacity for the party, thatparty waives any lawyer-client privilege and any protection for workproduct under Chapter 4 (commencing with Section 2018.010) duringany subsequent discovery from that attorney concerning the identityof the sources of the information contained in the response. (c) The attorney for the responding party shall sign any responsesthat contain an objection.2030.260. (a) Within 30 days after service of interrogatories, orin unlawful detainer actions within five days after service ofinterrogatories the party to whom the interrogatories are propoundedshall serve the original of the response to them on the propoundingparty, unless on motion of the propounding party the court hasshortened the time for response, or unless on motion of theresponding party the court has extended the time for response. Inunlawful detainer actions, the party to whom the interrogatories arepropounded shall have five days from the date of service to respondunless on motion of the propounding party the court has shortened thetime for response. (b) The party to whom the interrogatories are propounded shallalso serve a copy of the response on all other parties who haveappeared in the action. On motion, with or without notice, the courtmay relieve the party from this requirement on its determinationthat service on all other parties would be unduly expensive orburdensome.2030.270. (a) The party propounding interrogatories and theresponding party may agree to extend the time for service of aresponse to a set of interrogatories, or to particularinterrogatories in a set, to a date beyond that provided in Section2030.260. (b) This agreement may be informal, but it shall be confirmed in awriting that specifies the extended date for service of a response. (c) Unless this agreement expressly states otherwise, it iseffective to preserve to the responding party the right to respond toany interrogatory to which the agreement applies in any mannerspecified in Sections 2030.210, 2030.220, 2030.230, and 2030.240.2030.280. (a) The interrogatories and the response thereto shallnot be filed with the court. (b) The propounding party shall retain both the original of theinterrogatories, with the original proof of service affixed to them,and the original of the sworn response until six months after finaldisposition of the action. At that time, both originals may bedestroyed, unless the court on motion of any party and for good causeshown orders that the originals be preserved for a longer period.2030.290. If a party to whom interrogatories are directed fails toserve a timely response, the following rules apply: (a) The party to whom the interrogatories are directed waives anyright to exercise the option to produce writings under Section2030.230, as well as any objection to the interrogatories, includingone based on privilege or on the protection for work product underChapter 4 (commencing with Section 2018.010). The court, on motion,may relieve that party from this waiver on its determination thatboth of the following conditions are satisfied: (1) The party has subsequently served a response that is insubstantial compliance with Sections 2030.210, 2030.220, 2030.230,and 2030.240. (2) The party's failure to serve a timely response was the resultof mistake, inadvertence, or excusable neglect. (b) The party propounding the interrogatories may move for anorder compelling response to the interrogatories. (c) The court shall impose a monetary sanction under Chapter 7(commencing with Section 2023.010) against any party, person, orattorney who unsuccessfully makes or opposes a motion to compel aresponse to interrogatories, unless it finds that the one subject tothe sanction acted with substantial justification or that othercirc*mstances make the imposition of the sanction unjust. If a partythen fails to obey an order compelling answers, the court may makethose orders that are just, including the imposition of an issuesanction, an evidence sanction, or a terminating sanction underChapter 7 (commencing with Section 2023.010). In lieu of or inaddition to that sanction, the court may impose a monetary sanctionunder Chapter 7 (commencing with Section 2023.010).2030.300. (a) On receipt of a response to interrogatories, thepropounding party may move for an order compelling a further responseif the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive orincomplete. (2) An exercise of the option to produce documents under Section2030.230 is unwarranted or the required specification of thosedocuments is inadequate. (3) An objection to an interrogatory is without merit or toogeneral. (b) A motion under subdivision (a) shall be accompanied by a meetand confer declaration under Section 2016.040. (c) Unless notice of this motion is given within 45 days of theservice of the response, or any supplemental response, or on orbefore any specific later date to which the propounding party and theresponding party have agreed in writing, the propounding partywaives any right to compel a further response to the interrogatories. (d) The court shall impose a monetary sanction under Chapter 7(commencing with Section 2023.010) against any party, person, orattorney who unsuccessfully makes or opposes a motion to compel afurther response to interrogatories, unless it finds that the onesubject to the sanction acted with substantial justification or thatother circ*mstances make the imposition of the sanction unjust. (e) If a party then fails to obey an order compelling furtherresponse to interrogatories, the court may make those orders that arejust, including the imposition of an issue sanction, an evidencesanction, or a terminating sanction under Chapter 7 (commencing withSection 2023.010). In lieu of or in addition to that sanction, thecourt may impose a monetary sanction under Chapter 7 (commencing withSection 2023.010).2030.310. (a) Without leave of court, a party may serve an amendedanswer to any interrogatory that contains information subsequentlydiscovered, inadvertently omitted, or mistakenly stated in theinitial interrogatory. At the trial of the action, the propoundingparty or any other party may use the initial answer under Section2030.410, and the responding party may then use the amended answer. (b) The party who propounded an interrogatory to which an amendedanswer has been served may move for an order that the initial answerto that interrogatory be deemed binding on the responding party forthe purpose of the pending action. This motion shall be accompaniedby a meet and confer declaration under Section 2016.040. (c) The court shall grant a motion under subdivision (b) if itdetermines that all of the following conditions are satisfied: (1) The initial failure of the responding party to answer theinterrogatory correctly has substantially prejudiced the party whopropounded the interrogatory. (2) The responding party has failed to show substantialjustification for the initial answer to that interrogatory. (3) The prejudice to the propounding party cannot be cured eitherby a continuance to permit further discovery or by the use of theinitial answer under Section 2030.410. (d) The court shall impose a monetary sanction under Chapter 7(commencing with Section 2023.010) against any party, person, orattorney who unsuccessfully makes or opposes a motion to deem bindingan initial answer to an interrogatory, unless it finds that the onesubject to the sanction acted with substantial justification or thatother circ*mstances make the imposition of the sanction unjust.