New Feature: Discovery Response Due Dates (Automated)
Briefpoint now automatically extracts dates of service from your uploaded discovery requests and provides you with the due date pursuant to the California Code of Civil Procedure (CCP) – including the newer rules applicable to Electronic Service.
To use this feature, upload any California discovery request .pdf, select the manner and date of service (if not already extracted), and the date your discovery response is due will appear on your Document List page.
By way of recap, a plaintiff may serve discovery requests/interrogatories 10 days after service of the complaint.
Responses to written discovery are due within 30 days of the service of the discovery, unless mailed (which adds 5 days to the due date) or served electronically (explained below).
For California electronic service, there are two wrinkles that impact the due date:
First, any “document that is served electronically on a noncourt day shall be deemed served on the next court day.” CCP 1010.6(a)(5).
Second, the deadline to respond to electronically served discovery requests is extended by two court days. CCP 1010.6(a)(4)(B).
For example, if a Request for Production is electronically served on January 14, 2023 (a Saturday), then, pursuant to CCP 1010.6(a)(5), the date of service is next court day (in this case, Tuesday, January 17th).
30 days after January 17th is February 16, 2023 (a Thursday).
Two court days after February 16th, 2023 is Tuesday, on February 21st, 2023 (that Monday is President’s Day).
Accordingly, any discovery request served electronically on January 14, 2023 has a response deadline 38 days later.
Luckily, if you’re using Briefpoint, you won’t need to do any of these calculations because we’ve done the math for you (and incorporated all of the court days / court holidays into our system for the next decade of discovery work):
Give it a shot for yourself by trying Briefpoint for free today.