“In a civil suite what does it means when the defendent files a motion for leave to exceed the interregatory limit pursuant to civ r. 33a?”

In a California civil suit, there is a limit of 35 specially prepared interrogatories (CCP Section 2030.030). A party can try to ask more questions and attach a declaration why (CCP Section 2030.040). The answering party can seek a protective order to not have to answer questions, in which case it is asking party’s burden of proof to justify asking the extra questions. Id. The Court has the ability to award fees to either side who unsucessfully makes or opposes a request for protective order on discovery (CCP Section 2030.090). There should have been a meet and confer regarding the extra questions prior to the filing of this motion, so hopefuly it as not caught you too far off guard.