Motions to Compel Further Responses to Discovery in California | Litigation By The Numbers
California Code of Civil Procedure - CCP CCP CA CIV PRO Section (2) The motion shall be accompanied by a meet and confer declaration under. may be governed by the Code of Civil Procedure (“C.C.P.”), the . Meet and confer: A prerequisite to bringing a motion to compel further. Before you file your motion, you must first attempt to “meet and confer” with the opposing counsel or California Code of Civil Procedure (CCP) §
These tasks require application of C. 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.
Legal Guide - Motion to Compel Discovery in Sacramento California | Noah Schwinghamer, Esq.
Once you have your hearing date, you must calculate the last day to serve your notice and moving papers. 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.
Legal Guide – Motion to Compel Discovery in Sacramento California
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. 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: 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.
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. A summary of relevant pleadings. Declaration Language — A California Declaration requires this language: Proposed Order Normal Order Procedure — Normally, the prevailing party will need to prepare a proposed order, and serve it on the losing party.
The losing party then has five days to object to the form. After the five days are up, the prevailing party is to file the proposed order, along with any objections or a statement that no objections were receivedwith the court. May Be Submitted — The moving party on a motion to compel may submit a proposed order along with the rest of his moving papers.
Do NOT attach it as an exhibit.