If you’re pursuing a personal injury claim in California, receiving a discovery request from the opposing party is a routine but important part of the litigation process. These requests are designed to uncover evidence and narrow the issues before trial. However, knowing how to properly respond is essential to protecting your rights and strengthening your case.
At Hillstone Law, we help clients navigate the discovery process strategically and effectively. Here’s what you should know if you’ve been served with a discovery request.
What Is a Discovery Request?
In a personal injury case, a discovery request is a formal legal tool used to gather relevant information from the other party. The goal is to clarify facts, identify evidence, and determine which points are disputed and which are not.
Types of discovery requests include:
- Interrogatories: Written questions requiring written, sworn answers
- Requests for Production: Requests for documents, photos, or other physical evidence
- Requests for Admission: Statements you must either admit or deny under oath
- Depositions: Oral testimony recorded under oath, often in person or via video
Discovery helps both sides build their cases before trial and may even encourage early settlement if the facts clearly favor one side.
Why Is Discovery Important in a Personal Injury Claim?
Discovery allows both sides to:
- Assess the strength of the opposing party’s case
- Locate key documents, records, or witnesses
- Clarify disputed facts
- Avoid surprises at trial
If handled properly, your discovery responses can support your claim and push the defense toward offering a fair settlement.
How Do Discovery Deadlines Work in California?
Under California law:
- You typically have 30 days to respond to written discovery (interrogatories, document requests, admissions)
- The clock starts once the request is served
- You must either respond fully or file a legal objection
Failure to respond on time can result in waived defenses, sanctions, or the court compelling a response.
How to Respond to a Discovery Request
Here are the steps to properly respond to a discovery request:
- Review each question carefully
- Work with your attorney to prepare clear, truthful, and complete responses
- Attach any requested documents (if applicable), and reference them in your answers
- Sign your responses under oath
- Serve your responses directly to the opposing party do not file them with the court
Can You Object to a Discovery Request?
Yes. You’re not required to answer every question if it’s irrelevant, harassing, overly broad, or protected by legal privilege.
Common Objections in California Personal Injury Cases:
- The request is unduly burdensome or time-consuming
- The information requested is not relevant to the case
- The opposing party is attempting to harass or embarrass you
- The information was already provided
- The requested documents are equally available to the other side
- The question is too vague or speculative
Each objection must be specific. Simply stating “objection” is not enough you must clearly explain why you are not answering.
What If the Discovery Request Is Inappropriate?
Sometimes, the defense may ask invasive or irrelevant questions that have no bearing on your injury claim, such as:
- Questions about your intimate relationships
- Medical conditions unrelated to the case
- Financial or personal history with no relevance to your injuries
These types of questions may be intended to intimidate or embarrass you. At Hillstone Law, we vigorously object to improper discovery tactics and ensure your rights are protected throughout the process.
Tips for Handling a Discovery Request
- Respond thoroughly and truthfully, but avoid volunteering extra information
- Meet all deadlines even if you’re objecting
- Keep copies of everything you submit or receive
- Discuss each question with your attorney never respond without legal review
- If unsure, always err on the side of caution and consult your lawyer
Let Hillstone Law Guide You Through Discovery
The discovery process can feel overwhelming but you don’t have to go through it alone. At Hillstone Law, we handle every aspect of discovery on your behalf, from drafting objections to organizing evidence and responding to written requests. Our goal is to protect your rights while building the strongest case possible.
Contact Hillstone Law today for a free consultation and personalized support with your personal injury claim in California. We’ll ensure your case is discovery-ready and positioned for success.
