Podcast
Questions and Answers
FORM INTERROGATORY NO. 2.6:
State:
(a) the name, ADDRESS, and telephone number of your present employer or place of self-employment; and
(b) the name, ADDRESS, dates of employment, job title, and nature of work for each employer or self-employment you have had from five years before the INCIDENT until today.
RESPONSE TO FORM INTERROGATORY NO. 2.6:
(a) Responding party is not currently working due to the bodily injuries she sustained from the incident.
(b) DoorDash, Inc. (2017- June 14, 2022)
303 2nd St., South Tower Suite 800 San Francisco, CA 94107
Delivery Driver
As a DoorDash delivery driver, Responding Party transports food and other items from local restaurants or stores to customers using the DoorDash app. The job involves order pickup, timely delivery, and customer communication while managing vehicle expenses and navigating traffic.
As discovery, investigation and research are incomplete, Responding Party reserves the right to supplement and/or amend this response, and to disclose further information and/or documents supportive of Responding Party’s contentions herein, and in so doing, intend to rely on any and all additional information obtained, up to and including the time of trial, which would substantiate, or have a tendency to substantiate, any such additional information or documentation.
QUESTION
Does this response require revision? Explain.
FORM INTERROGATORY NO. 2.6: State: (a) the name, ADDRESS, and telephone number of your present employer or place of self-employment; and (b) the name, ADDRESS, dates of employment, job title, and nature of work for each employer or self-employment you have had from five years before the INCIDENT until today.
RESPONSE TO FORM INTERROGATORY NO. 2.6: (a) Responding party is not currently working due to the bodily injuries she sustained from the incident. (b) DoorDash, Inc. (2017- June 14, 2022) 303 2nd St., South Tower Suite 800 San Francisco, CA 94107 Delivery Driver As a DoorDash delivery driver, Responding Party transports food and other items from local restaurants or stores to customers using the DoorDash app. The job involves order pickup, timely delivery, and customer communication while managing vehicle expenses and navigating traffic. As discovery, investigation and research are incomplete, Responding Party reserves the right to supplement and/or amend this response, and to disclose further information and/or documents supportive of Responding Party’s contentions herein, and in so doing, intend to rely on any and all additional information obtained, up to and including the time of trial, which would substantiate, or have a tendency to substantiate, any such additional information or documentation.
QUESTION Does this response require revision? Explain.
SPECIAL INTERROGATORY NO. 33:
Describe what activities of daily living, hobbies, and chores, if any, were affected by your injuries resulting from the subject incident.
RESPONSE TO SPECIAL INTERROGATORY NO. 33:
As a result of the injuries sustained in the INCIDENT, the PLAINTIFF has been unable to perform several normal functions, duties, and activities which she was able to perform prior to the INCIDENT. These are as follows:
a) Zumba Classes: PLAINTIFF attended Zumba classes 2-3 times a week before the incident. Since the incident, she has been unable to participate in these classes, which has adversely affected her weight.
b) Walking in the Park: PLAINTIFF regularly took 30-minute walks in a nearby park. Since the incident, she has been unable to continue this activity.
c) Dressing: PLAINTIFF experiences difficulty dressing, particularly with manipulating her brassiere.
d) Use of Arms: PLAINTIFF has been forced to rely more on her left arm than her right arm due to the injuries sustained.
e) Grocery Shopping: PLAINTIFF cannot pick up groceries alone and needs assistance to transport them to and from the car.
f) Household Chores: PLAINTIFF can sweep (barrer) with difficulty, taking twice as long as before. She is unable to mop and needs to rely on her son for this task.
g) Gardening: PLAINTIFF used to manage a garden, planting and watering chile, tomatoes, radishes, and other plants. She is no longer able to do this, and her husband has taken over these responsibilities.
h) Playing with Pets: PLAINTIFF had a big dog that she played with regularly. After the incident, they adopted a new large dog named Lucas. PLAINTIFF is unable to take Lucas to the park or play with him as she fears being pulled and does not feel strong enough.
i) Traveling: PLAINTIFF and her husband used to take vacations to Las Vegas, spending weekends there. Since the incident, they have been unable to travel and engage in this activity.
QUESTION:
Does this response require revision? Explain.
SPECIAL INTERROGATORY NO. 33: Describe what activities of daily living, hobbies, and chores, if any, were affected by your injuries resulting from the subject incident. RESPONSE TO SPECIAL INTERROGATORY NO. 33: As a result of the injuries sustained in the INCIDENT, the PLAINTIFF has been unable to perform several normal functions, duties, and activities which she was able to perform prior to the INCIDENT. These are as follows: a) Zumba Classes: PLAINTIFF attended Zumba classes 2-3 times a week before the incident. Since the incident, she has been unable to participate in these classes, which has adversely affected her weight. b) Walking in the Park: PLAINTIFF regularly took 30-minute walks in a nearby park. Since the incident, she has been unable to continue this activity. c) Dressing: PLAINTIFF experiences difficulty dressing, particularly with manipulating her brassiere. d) Use of Arms: PLAINTIFF has been forced to rely more on her left arm than her right arm due to the injuries sustained. e) Grocery Shopping: PLAINTIFF cannot pick up groceries alone and needs assistance to transport them to and from the car. f) Household Chores: PLAINTIFF can sweep (barrer) with difficulty, taking twice as long as before. She is unable to mop and needs to rely on her son for this task. g) Gardening: PLAINTIFF used to manage a garden, planting and watering chile, tomatoes, radishes, and other plants. She is no longer able to do this, and her husband has taken over these responsibilities. h) Playing with Pets: PLAINTIFF had a big dog that she played with regularly. After the incident, they adopted a new large dog named Lucas. PLAINTIFF is unable to take Lucas to the park or play with him as she fears being pulled and does not feel strong enough. i) Traveling: PLAINTIFF and her husband used to take vacations to Las Vegas, spending weekends there. Since the incident, they have been unable to travel and engage in this activity.
QUESTION: Does this response require revision? Explain.
How much time is added to the 30-day deadline if requests are served by electronic means?
How much time is added to the 30-day deadline if requests are served by electronic means?
What is a key requirement for a stipulation to change the response deadline?
What is a key requirement for a stipulation to change the response deadline?
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What is the primary rule regarding stating objections when responding to written discovery requests?
What is the primary rule regarding stating objections when responding to written discovery requests?
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If an improper question does not invade a client’s privacy, what should be done?
If an improper question does not invade a client’s privacy, what should be done?
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What is the consequence of over-responding to discovery requests?
What is the consequence of over-responding to discovery requests?
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Which of the following is true regarding objections in written responses?
Which of the following is true regarding objections in written responses?
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What general approach should be taken when responding to written discovery requests?
What general approach should be taken when responding to written discovery requests?
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What is advised against when formulating responses to written discovery requests?
What is advised against when formulating responses to written discovery requests?
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Why is over-responding considered detrimental in legal responses?
Why is over-responding considered detrimental in legal responses?
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In responding to SROGs, what should be considered an example of overdisclosure regarding the incident?
In responding to SROGs, what should be considered an example of overdisclosure regarding the incident?
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What is the best way to summarize the sequence of events concerning the Plaintiff's actions during the incident (in relation to FROGs 20.8)?
What is the best way to summarize the sequence of events concerning the Plaintiff's actions during the incident (in relation to FROGs 20.8)?
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If a responding party claims a lack of personal knowledge regarding an interrogatory, which statement must be included?
If a responding party claims a lack of personal knowledge regarding an interrogatory, which statement must be included?
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Study Notes
Responding to Written Discovery Requests
- Responding to written discovery requests requires a strategic approach to avoid providing the opposing party with information that may hurt the case.
- Steps to respond to discovery requests:
- Evaluate whether an objection is needed (privileged information, irrelevant, etc)
- Determine if objections are valid or redundant and properly document them
- Respond carefully choosing to either answer the question or object.
- Over-objecting is detrimental. A good approach is to object, but also answer the question to limit risks
- Be concise and answer only the questions asked to avoid giving more information than needed. This is crucial to avoid inadvertently helping the opposing party
- Avoid providing unnecessary information
- If objections are necessary, clearly state the objections and the reasons. Further, offer a response to the question "subject to these objections."
Responding to Written Discovery Requests: Deadlines
- Parties generally have 30 days from service to respond to written discovery requests.
- For non-personal service, the deadline is extended:
- 2 court days if served electronically or by overnight delivery
- 5 calendar days if served within California
- 10 calendar days if served outside California but within the US
- 20 calendar days if served outside the US
Responding to Written Discovery Requests: Modification of Deadlines
- Court orders or stipulations can shorten or extend the deadline,
- Professional courtesy is to provide extensions if there are no prior abuses of the system and the deadline is not pressing
- Any request for an extension should be in writing and specify the new deadline.
Responding to F/SROGs
- If presented with both F/SROGs, they must be answered separately.
- The content of the responses should be similar.
- Answers should be complete and straightforward, and accurate to the best ability of the party's knowledge.
- Applicable objections should be used, except for subparts or compound items
- Responses should be under oath ("verified").
- Verifications must be signed by an attorney if objections are present.
- No verification is needed if all the responses are objections.
Responding to RFAs
- Answer RFAs with either "admitted" or "denied", however, if there is an objection this should be noted.
- Providing an answer subject to an objection should be done if presented with an objection
- Specify lack of information in response to a portion of the request, and explain efforts to locate the requested information
- Protective orders should be sought if appropriate
Effect of Admission
- Answers admitting the request, or parts of it, serve as conclusive evidence at trial.
- Admissions are admissible as evidence at trial, or in motion practice (including summary judgment motions).
- An admission is considered conclusive, regardless of whether there's subsequent contradictory evidence presented.
Motion to Withdraw/Amend Admission
- If an admission is incorrect or incomplete, file a noticed motion with the court for allowance of withdrawal or amendment
- Provide grounds for withdrawal or correction (e.g., mistake, inadvertence, excusable neglect)
Responding to RFPs: Agreement to Produce
- For straightforward requests and unobjectionable documents, state explicitly that all responsive documents will be produced.
- If a party has already produced documents in response to a prior request, note this in the response.
- Incomplete statements of compliance may result in a motion to compel
Responding to RFPs: Statement of Inability to Comply
- For non-compliant requests, explain why compliance is not possible:
- Documents do not exist
- Documents have been destroyed, misplaced, or stolen
- Documents are not in the party's possession
- The response should affirm a diligent search and reasonable inquiry to locate these items
- Include a statement that additional information will be provided if discovered
Responding to RFPs: Object to All or Part of the Request
- When objecting to a portion of a request, the remaining portion must be addressed with a statement of compliance OR statement of inability to comply
- A clear and specific reason for objection should be part of the response, including identification of the document category and specific grounds for objection.
Privilege Log
- When a response withholds documents due to privilege, work product, or other objections, a detailed log must be provided.
- A log is meant to contain sufficient information to justify and evaluate the claim for protection
- Specific information like document identifiers, dates of the document, authors, recipients, document type and specified privilege should be included
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Description
This quiz focuses on the essential strategies for responding to written discovery requests in legal cases. Participants will learn how to evaluate objections, document responses, and ensure that their answers do not inadvertently assist the opposing party. Mastering these techniques is crucial for effective legal representation.
