Motion to compel, or motion to compel further?
may be governed by the Code of Civil Procedure (“C.C.P.”), the California Rules of Drafting, filing, and serving a motion to compel further responses and [ LBTN explains these requirements and provides easy-to-follow examples.] Meet and confer: A prerequisite to bringing a motion to compel further. stored information,” defined as “information that is stored in an electronic medium .” CCP Duty to Meet and Confer - California Rule of Court, Rule On August 14 Under CCP § , a party may serve a demand, without a prior obtain discovery, the party seeking discovery must bring a motion to compel. California Code of Civil Procedure - CCP CCP CA CIV PRO Section the propounding party may move for an order compelling a further response if ( b) A motion under subdivision (a) shall be accompanied by a meet and confer.
The court shall award d sanctions to the prevailing party unless it finds that the one subject to sanctions acted with substantial justification or other circumstances that would make imposition of sanctions unjust. There is no meet and confer requirement for filing a motion to compel discovery responses.
Motion to compel further discovery responses Where responses have been provided to propounded discovery requests, but those responses are deemed insufficient, the following law provides a basis for a motion to compel further responses: If Plaintiff files the forgoing motion, b it must be accompanied by a meet and confer declaration pursuant to Code of Civil Procedure, section Notice of said motion c must be served within 45 days of the service of the verified response five extra days if mailed pursuant to C.
The court shall d award sanctions to the prevailing party, unless it finds that the one subject to sanctions acted with substantial justification or other circumstances that would make imposition of sanctions unjust.
Notably, for a motion to compel further discovery responses, there is a strict day deadline to serve notice of motion to compel further discovery responses; as well as a strict meet and confer requirement prior to filing of the motion. This could vary from two court days to five calendar days to ten calendar days, depending upon the service method and, when served by mail, the location of the parties.
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. 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.
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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. Adjourning Deposition — If a deponent does not answer a question asked at deposition, the deposition-taker may choose to either 1 adjourn the deposition to file a motion, or 2 complete the deposition on other matters. Unless the answer is necessary to move forward, the latter usually is more practical.
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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. 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.