As a real estate attorney handling litigation, it is essential to understand the discovery process in California litigation, governed by the California Code of Civil Procedure (CCP). Interrogatories are one of the primary discovery tools, governed by CCP § 2030. Interrogatories are written questions that one party sends to another to gather detailed information relevant to the case. There are two types: form interrogatories, which are standardized and cover general information, and special interrogatories, which are custom questions tailored to the specifics of the case. These questions help clarify the issues at hand and gather necessary facts, making them a crucial element in building a strong legal strategy.

Requests for Admission (RFA), governed by CCP § 2033, are another vital discovery tool. RFAs ask a party to admit the truth of specific facts, the application of law to the facts, or the genuineness of documents. This can significantly streamline the litigation process by establishing certain facts as undisputed, thereby narrowing the issues that need to be resolved at trial. RFAs are often used in conjunction with Form Interrogatory 17.1, which requires detailed responses about the facts, witnesses, and documents that support the party’s denials. This combination is powerful in identifying the core elements of the case and preparing for depositions or the trial of the case.

Requests for Production (RFP), governed by CCP § 2031, are essential for obtaining documents, electronic records, and other tangible evidence. These requests compel the opposing party to produce relevant documents that are critical for case preparation. Properly drafted RFPs can uncover vital evidence, such as contracts, emails, and financial records, which are pivotal in both real estate and business litigation. Together, Interrogatories, RFAs, and RFPs form the backbone of the written discovery process, enabling us as business attorneys and real estate attorneys to gather comprehensive evidence, clarify issues, and build a robust case for trial. Understanding and effectively utilizing these tools is key to successful litigation outcomes.