Motions to Compel Further Responses to Discovery in California | Litigation By The Numbers
Code of Civil Procedure - CCP ARTICLE 4 - Objections, Sanctions, Protective Orders, Motions to Compel, and Suspension of Depositions Section and shall be accompanied by a meet and confer declaration under Section (e) If the deponent from whom discovery of electronically stored information is sought . Before you file your motion, you must first attempt to “meet and confer” with the opposing California Code of Civil Procedure (CCP) § . In Sacramento, motions to compel responses to discovery are heard in either Department How to determine whether a motion to compel discovery responses or a motion There is no meet and confer requirement for filing a motion to compel discovery to C.C.P. § ) or by a specific date agreed upon in writing by both parties;.
When calendaring deadlines, one must also be mindful of all of the California state court holidays there are three in addition to the Federal holidays. Once you have your hearing date, you must calculate the last day to serve your notice and moving papers.
Motion to compel, or motion to compel further?
The motion must be filed and served at least 16 court days prior to the hearing. How much earlier depends upon the service method mail or overnight mail, and, where authorized, electronic service or fax.
The extensions, found in C. Moreover, one must know how to count the days: The motion must comply with the format requirements contained in C. These include what has to be in the title and below the title, what has to be in the opening paragraph, what to include when monetary sanctions are sought, the required parts of a motion and what must be included in each, form of exhibits, proper binding, proper numbering of pages, etc.
The memorandum of points and authorities must comply with C.
Motions to Compel Further Responses to Discovery in California
If sanctions are sought, C. A prerequisite to bringing a motion to compel further responses is a reasonable and good faith attempt to informally resolve the issues presented by the motion. All motions to compel further responses in California state court must include a separate statement in accordance with C. Then there are the codes and rules governing: Telephonic appearances — when available and how and when to request one Hearing fees Tentative rulings — whether you have to appear at the hearing or may request an appearance Notice of ruling Proposed orders A misstep at any point may result in denial of the motion and a waiver of the right to compel further responses.
Unless the answer is necessary to move forward, the latter usually is more practical.
Notice of Motion May be Given Orally at Deposition — For party witnesses, the deposing attorney may give notice of the time and place of the motion to compel orally at deposition. For a non-party witness written notice is required.
This section is usually not practical to invoke, and notice may always be given via the usual written method. Motion to Compel must be filed within 60 days from the completion of the deposition transcript. Attach Deposition Transcript — Sacramento does not allow lodging of deposition transcripts with the court.California litigation cheat sheet
Instead, attach the cover page of the deposition stating the party names and the relevant pages of the deposition transcript, with relevant portions highlighted, to a supporting declaration to the motion. Grounds For Motion — A party may move to compel responses or additional responses to Requests for Admission if 1 a response was evasive or incomplete, or 2 an objection is made that is too general or without merit.
What Does It Mean to “Meet and Confer” on a Discovery Dispute? | CEBblog™
Motion to Have Matters Deemed Admitted — If no response is given within the applicable time limit, the moving party may move to have unanswered admissions deemed admitted. Separate Statement Purpose — If a Separate Statement is required, it should be filed and served with the other moving papers, and it should contain all the information necessary to understand each discovery request at issue, the response, and argument as to why additional responses are required.
Essentially, the court needs to be able to read the separate statement by itself and be able to make an informed ruling without having to reference any other documents. Text of the request, interrogatory, or question.
Factual support and legal argument as to why an additional response should be compelled.