California Code of Civil Procedure 2030.050 – Any party who is propounding or has propounded more than 35 specially …
Any party who is propounding or has propounded more than 35 specially prepared interrogatories to any other party shall attach to each set of those interrogatories a declaration containing substantially the following:
DECLARATION FOR ADDITIONAL DISCOVERY
Terms Used In California Code of Civil Procedure 2030.050
- Action: includes a civil action and a special proceeding of a civil nature. See California Code of Civil Procedure 2016.020
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
- Will: includes codicil. See California Code of Civil Procedure 17
I, __________, declare:
1. I am (a party to this action or proceeding appearing in propria persona) (presently the attorney for __________, a party to this action or proceeding).
2. I am propounding to __________ the attached set of interrogatories.
3. This set of interrogatories will cause the total number of specially prepared interrogatories propounded to the party to whom they are directed to exceed the number of specially prepared interrogatories permitted by Section 2030.030 of the Code of Civil Procedure.
4. I have previously propounded a total of __________ interrogatories to this party, of which __________ interrogatories were not official form interrogatories.
5. This set of interrogatories contains a total of __________ specially prepared interrogatories.
6. I am familiar with the issues and the previous discovery conducted by all of the parties in the case.
7. I have personally examined each of the questions in this set of interrogatories.
8. This number of questions is warranted under Section 2030.040 of the Code of Civil Procedure because __________. (Here state each factor described in Section 2030.040 that is relied on, as well as the reasons why any factor relied on is applicable to the instant lawsuit.)
9. None of the questions in this set of interrogatories is being propounded for any improper purpose, such as to harass the party, or the attorney for the party, to whom it is directed, or to cause unnecessary delay or needless increase in the cost of litigation.
I declare under penalty of perjury under the laws of California that the foregoing is true and correct, and that this declaration was executed on __________.
|
_____ (Signature) _____ |
|
|
Attorney for |
(Amended by Stats. 2005, Ch. 22, Sec. 22. Effective January 1, 2006.)