§ 2030.020.Time to propound interrogatories; motion for leave to propound at earlier time
Title 4. Civil Discovery Act · Chapter 13. Written Interrogatories · Article 1. Propounding Interrogatories · Last amended 2026 · Last verified July 29, 2026
Full Text of § 2030.020
Plain-English Summary
This section answers a timing question that comes up in nearly every case: how soon can a party start serving written interrogatories? A defendant faces no waiting period at all and may propound interrogatories to a party at any time after the action begins. A plaintiff faces a short buffer instead, interrogatories may go out once 10 days have passed since the summons was served on, or the party appeared in the action, whichever happens first. That same 10-day rule carries over to unlawful detainer actions and other summary proceedings to recover possession of real property, even though those cases move on a compressed overall schedule.
Subdivision (d) gives a plaintiff who cannot wait out the 10 days a way around the rule: on a motion, with or without notice to the other side, the court may grant leave to propound interrogatories earlier on a showing of good cause. That mechanism matters most in fast-moving cases, an unlawful detainer proceeding heading to trial in weeks, or a case where evidence is at risk of disappearing, where the standard 10-day buffer would eat into a plaintiff's already short window to gather information before trial.
Frequently Asked Questions
When can a defendant first serve interrogatories?
At any time after the action is filed, without needing leave of court.
When can a plaintiff first serve interrogatories?
Without leave of court, 10 days after the summons was served on the party, or that party appeared in the action, whichever happens first.
Does the 10-day rule for plaintiffs apply in unlawful detainer cases?
Yes. Subdivision (c) applies the same 10-day rule to unlawful detainer actions and other proceedings to recover possession of real property.
Can a plaintiff propound interrogatories before the 10-day period runs?
Yes, with the court's permission. On a motion, which may be made with or without notice, the court may grant leave to propound interrogatories earlier for good cause.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005. Amended by Stats.2007, c. 113 (A.B.1126), § 7; Stats.2025, c. 200 (A.B.1521), § 14, eff. Jan. 1, 2026.)