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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 8079
Experience:  since 1983
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Steven Does the State of California Have a Matching Rule for

Resolved Question:

Steven Does the State of California Have a Matching Rule for the following

Federal Rule of Civil Procedure Rule 26(g) provides:
(1) Signature Required; Effect of Signature. Every disclosure under Rule 26(a)(1) or (a)(3) and every discovery request, response, or objection must be signed by at least one attorney of record in the attorney's own name - or by the party personally, if unrepresented . . . . By signing, an attorney or party certifies that to the best of the person's knowledge, information, and belief formed after a reasonable inquiry:

* * *(B) with respect to a discovery request . . . , it is:
(i) consistent with these rules an warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law, or for establishing new law; [and]
(ii) not interposed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation
Submitted: 2 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 2 years ago.
The answer is Not exactly.

Code of Civil Procedure § 128.7 applies to papers presented to a Court and not necessarily to discovery requests.

128.7. (a) Every pleading, petition, written notice of motion, or
other similar paper shall be signed by at least one attorney of
record in the attorney's individual name, or, if the party is not
represented by an attorney, shall be signed by the party. Each paper
shall state the signer's address and telephone number, if any. Except
when otherwise provided by law, pleadings need not be verified or
accompanied by affidavit. An unsigned paper shall be stricken unless
omission of the signature is corrected promptly after being called to
the attention of the attorney or party.
(b) By presenting to the court, whether by signing, filing,
submitting, or later advocating, a pleading, petition, written notice
of motion, or other similar paper, an attorney or unrepresented
party is certifying that to the best of the person's knowledge,
information, and belief, formed after an inquiry reasonable under the
circumstances, all of the following conditions are met:
(1) It is not being presented primarily for an improper purpose,
such as to harass or to cause unnecessary delay or needless increase
in the cost of litigation.
(2) The claims, defenses, and other legal contentions therein are
warranted by existing law or by a nonfrivolous argument for the
extension, modification, or reversal of existing law or the
establishment of new law.
(3) The allegations and other factual contentions have evidentiary
support or, if specifically so identified, are likely to have
evidentiary support after a reasonable opportunity for further
investigation or discovery.
(4) The denials of factual contentions are warranted on the
evidence or, if specifically so identified, are reasonably based on a
lack of information or belief.
///
From
http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=128-130

If you have received an objectionable discovery request, you can object or seek a protective order.

The Discovery Act includes:

CCP § 2016.040. A meet and confer declaration in support of a motion
shall state facts showing a reasonable and good faith attempt at an
informal resolution of each issue presented by the motion.


2017.010. Unless otherwise limited by order of the court in
accordance with this title, any party may obtain discovery regarding
any matter, not privileged, that is relevant to the subject matter
involved in the pending action or to the determination of any motion
made in that action, if the matter either is itself admissible in
evidence or appears reasonably calculated to lead to the discovery of
admissible evidence. Discovery may relate to the claim or defense of
the party seeking discovery or of any other party to the action.
Discovery may be obtained of the identity and location of persons
having knowledge of any discoverable matter, as well as of the
existence, description, nature, custody, condition, and location of
any document, tangible thing, or land or other property.


2017.020. (a) The court shall limit the scope of discovery if it
determines that the burden, expense, or intrusiveness of that
discovery clearly outweighs the likelihood that the information
sought will lead to the discovery of admissible evidence. The court
may make this determination pursuant to a motion for protective order
by a party or other affected person. This motion shall be
accompanied by a meet and confer declaration under Section 2016.040.
(b) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion for a
protective order, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.


2023.010. Misuses of the discovery process include, but are not
limited to, the following:
(a) Persisting, over objection and without substantial
justification, in an attempt to obtain information or materials that
are outside the scope of permissible discovery.
(b) Using a discovery method in a manner that does not comply with
its specified procedures.
(c) Employing a discovery method in a manner or to an extent that
causes unwarranted annoyance, embarrassment, or oppression, or undue
burden and expense.
(d) Failing to respond or to submit to an authorized method of
discovery.
(e) Making, without substantial justification, an unmeritorious
objection to discovery.
(f) Making an evasive response to discovery.
(g) Disobeying a court order to provide discovery.
(h) Making or opposing, unsuccessfully and without substantial
justification, a motion to compel or to limit discovery.
(i) Failing to confer in person, by telephone, or by letter with
an opposing party or attorney in a reasonable and good faith attempt
to resolve informally any dispute concerning discovery, if the
section governing a particular discovery motion requires the filing
of a declaration stating facts showing that an attempt at informal
resolution has been made.

All linked from
http://leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp&codebody=&hits=20

I hope this information is helpful.
Customer: replied 2 years ago.

I received a discovery request that was missing the page with the attorney signature. maybe they have one in their office.

 

Didn't respond for other reasons also.

 

Motion to Compel filed by attorney with the court with the same discovery request with the missing signature and date page missing. At least that is what they mailed to me. Maybe the copy they filed with the court has the page. I made a copy of the packet just the way I received it, making sure that the staple was not removed. does this document need to have a signature to be valid when presented to the court as an exhibit?

 

Trying to read thru legalese as a layman is a chore. Thank goodness for helpful lawyers.

Expert:  N Cal Attorney replied 2 years ago.
What type of discovery request was it, each type has separate statutes and I need to know to find the right one...?
Customer: replied 2 years ago.
Production of Documents
Expert:  N Cal Attorney replied 2 years ago.
CCP § 2031.010, at
http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2031.010-2031.060
indirectly cites 2019.030:

2019.030. (a) The court shall restrict the frequency or extent of
use of a discovery method provided in Section 2019.010 if it
determines either of the following:
(1) The discovery sought is unreasonably cumulative or
duplicative, or is obtainable from some other source that is more
convenient, less burdensome, or less expensive.
(2) The selected method of discovery is unduly burdensome or
expensive, taking into account the needs of the case, the amount in
controversy, and the importance of the issues at stake in the
litigation.
(b) The court may make these determinations pursuant to a motion
for a protective order by a party or other affected person. This
motion shall be accompanied by a meet and confer declaration under
Section 2016.040.
(c) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion for a
protective order, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
From
http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2019.010-2019.030

The demand for inspection statutes, at
http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2031.010-2031.060
do not specifically require a demand for production of documents to be signed.

The statutes on responding to a demand for production are posted at
http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2031.210-2031.320

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 8079
Experience: since 1983
N Cal Attorney and 6 other Family Law Specialists are ready to help you
Expert:  N Cal Attorney replied 2 years ago.
Thank you for accepting my answer.

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