In California civil litigation, each party may serve up to 35 specially prepared interrogatories on any other party, and that is the number of special interrogatories allowed in California without extra paperwork. Send more than 35 without the required supporting declaration and the other side can refuse to answer anything past question 35.1California Legislative Information. California Code of Civil Procedure 2030.030
How the 35-Question Cap Actually Works
The limit is per opposing party, not per case. In a lawsuit with a plaintiff and two defendants, a plaintiff can serve 35 special interrogatories on each defendant separately. The same math applies to defendants questioning the plaintiff and any co-defendants.
You don’t have to use all 35 in a single set. If your first set contains 20 questions, you keep 15 in reserve and can serve them later as your case develops. The cap counts your cumulative special interrogatories to that party, not the size of any one set.1California Legislative Information. California Code of Civil Procedure 2030.030
Form Interrogatories Do Not Count
The 35-question ceiling applies only to special interrogatories, meaning the ones you draft yourself to fit the specific facts of your case. Form interrogatories, which are the pre-approved Judicial Council questions you select by checking boxes, are a separate category and do not eat into the 35. Because those questions have already been vetted for relevance and fairness, you can serve a full set of form interrogatories and still have all 35 specials available.
Subparts and Compound Questions Are Prohibited
California bars subparts, compound questions, and conjunctive or disjunctive phrasing in any single special interrogatory.2California Legislative Information. California Code of Civil Procedure 2030.060 You cannot combine “Describe the accident and identify all witnesses” into one interrogatory. Each question must stand alone, and questions joined by “and” or “or” are read as multiple interrogatories packed into one number.
This rule directly affects the count. A tempting workaround for the 35-question limit is to stuff several inquiries into a single numbered question, but the opposing party can argue that each discrete inquiry counts separately against the cap, and can object to any question that violates the format rule. Every interrogatory must be numbered consecutively, and any specially defined term has to appear in all capital letters wherever it is used. No preface or instruction may accompany the interrogatories unless the Judicial Council has approved it.2California Legislative Information. California Code of Civil Procedure 2030.060
Three Ways to Serve More Than 35
The 35 cap is not the end of the road. California allows three routes to more special interrogatories: a supporting declaration, a written stipulation, or a court order.
Attach a Supporting Declaration
The usual path is to attach a declaration to the set that pushes past 35. The declaration follows a format set out in the Code of Civil Procedure and must state the total number of interrogatories already served on that party, the number in the current set, and the reasons the additional questions are warranted.3California Legislative Information. California Code of Civil Procedure 2030.050
The justification has to tie to at least one of three statutory grounds:
- The complexity or volume of issues in the case means 35 questions cannot reasonably cover the necessary ground.
- Written interrogatories are a cheaper alternative to depositions, and forcing the party to depose instead would impose an unreasonable financial burden.
- The information sought requires the responding party to search files, investigate, or compile data, which written questions are better suited to elicit than a live deposition.
Filing a declaration does not lock in the extra questions. The responding party can move for a protective order arguing the additional interrogatories are unwarranted, and the party who served them carries the burden of justifying the number.4California Legislative Information. California Code of Civil Procedure 2030.040
Stipulate With the Other Side
Both sides can agree in writing to allow more than 35 special interrogatories. This is common in complex commercial litigation or multi-party cases where everyone recognizes that narrow discovery will just generate more motions later. A stipulation sidesteps the declaration process and any court involvement, though the agreement should be documented in writing so its scope is not later disputed.
Ask the Court
If a declaration is challenged or a stipulation isn’t forthcoming, you can ask the judge for permission. Courts weigh the same factors that govern the declaration route: case complexity, the cost of alternative discovery methods, and the nature of the information sought. Judges have broad discretion and will balance your need for information against the burden on the responding party.
Supplemental Interrogatories Are Separate
Supplemental interrogatories are a distinct category and do not count toward the 35. Their only purpose is to ask the other party to update any earlier answer with information acquired since the original response.5California Legislative Information. California Code of Civil Procedure 2030.070
You may serve supplemental interrogatories twice before the initial trial date is set, and once after. If you need more rounds, you can move the court for permission on a showing of good cause.5California Legislative Information. California Code of Civil Procedure 2030.070 They tend to matter most when medical treatment is ongoing, when new witnesses surface, or when financial records change while the case is pending.
What Happens If You Go Over Without a Declaration
If you serve more than 35 special interrogatories without the required declaration, the responding party can object and refuse to answer anything past question 35. The objection is simple to make: they only have to state that the limit has been exceeded. From there, the burden shifts back to you to either cut the set down to 35 or reissue with a properly supported declaration.1California Legislative Information. California Code of Civil Procedure 2030.030 Combined with the ban on subparts and compound questions, this makes it worth counting carefully before you serve: a set that reads like 30 questions but contains three compound ones is really 33 or more, and if the total tips past 35, the whole overage is vulnerable.