- #MOTION TO COMPEL SEPARATE STATEMENT CODE#
- #MOTION TO COMPEL SEPARATE STATEMENT TRIAL#
- #MOTION TO COMPEL SEPARATE STATEMENT PROFESSIONAL#
If sanctions are sought, the motion to compel must set forth the authority for sanctions and be accompanied by a declaration detailing the type and/or amount of the sanctions. Proc., § 1005(b).)Ī motion to compel must contain: 1) a notice of motion 2) points and authorities 3) a separate statement and 4) a declaration that set forth the good faith meet-and-confer attempts to resolve the matter informally. Service of oppositions and replies require receipt by the opposing party within 1 business day of the filing deadline. Replies must be filed no later than 5 days before the hearing. Rules of Court, Rule 3.1300.) Oppositions to motions to compel must be filed no later than 9 days before the hearing. The motion must be filed and served 16 court days before the hearing (add 5 days for mail or 2 days for FedEx). Motions to compel discovery responses must comply with the deadlines of a regular noticed motion.
#MOTION TO COMPEL SEPARATE STATEMENT PROFESSIONAL#
A single attempt to meet-and-confer does not show very much professional courtesy, and will not generate much favor with the court. , § 2023.010.) It is good practice to have multiple meet-and-confer attempts, both written and over the phone.
, §§ 2030.300(c), 2031.310(c), and 2031.300.) Counsel is required to meet-and-confer before filing motions to compel further responses. Motions to compel further responses to written discovery must be brought within 45 days (50 days if by mail) after service of the insufficient responses. Rules of Court, rule 3.1348 See also Sinaiko Healthcare Consulting, Inc. Additionally, the Court could review the substance of the responses and order further responses. The moving party can also have the Court order the responding party to provide responses without objection, assuming there are objections. The moving party can move forward with discovery sanctions. In this scenario the moving party can simply take the motion off calendar. (1988) 206 Cal.App.3d 632, 636.)ĭiscovery responses are often served after a motion to compel is already filed.
, § 2024.020.) An unverified response is the equivalent of a non-response.
#MOTION TO COMPEL SEPARATE STATEMENT TRIAL#
If a party completely fails to respond, a motion to compel may be brought at any time subject to the motion cut-off date which is 15 days before the initial trial date (Code Civ. It is still recommended to meet-and-confer in writing, but it is not required.
#MOTION TO COMPEL SEPARATE STATEMENT CODE#
If a party fails to respond to written discovery, the Code of Civil Procedure does not require the propounding party to meet-and-confer before filing a motion to compel. A party must respond to written discovery (Form Interrogatories, Special Interrogatories, Requests for Production, and Requests for Admissions) within 30 days of service (35 days if by mail). This article discusses the civil codes and court decisions on filing motions to compel and dealing with privilege objections.Ī motion to compel can be filed against an opposing party for the failure to respond to discovery requests or if the response is insufficient.
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