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Sample motion to compel production of documents trial#
Sample motion to compel production of documents download#

Requirements for Motion – The following requirements must be fulfilled for a proper motion to compel interrogatories:.

Grounds For Motion – A party may move to compel responses or additional responses if the responses to interrogatories are (1) incomplete, (2) evasive, or (3) an objection is made that is either too general or without merit.

Specific Motions to Compel Interrogatory Responses

Add Time If Served By Fax or Express Mail – In addition to the 16 court days, add calendar days +2 for fax filing or overnight mail.

Add Time If Served By Mail – In addition to the 16 court days, add calendar days +5 for mail within CA, +10 for mail in US outside of CA, and +20 if mailed outside of US.

Personal Service Sixteen (16) Days Before Hearing – Moving papers must be served at least sixteen court days before the hearing date.

Exhibits Must Have Exhibit Tabs – Each exhibit needs a plastic exhibit tab.

Any award of sanctions must be supported by legal authority and a declaration stating in a non-conclusory fashion how sanctions were calculated.

Sanctions Must Be in Notice of Motion – Requests for sanctions must be included in the notice of motion, including against whom sanctions are sought.

Over Ten (10) Pages Requires a Table of Authorities –.

Fifteen (15) Page Limit on Moving Papers –.on the court day before the hearing, no hearing will be held.””. If you do not call the court and the opposing party by 4:00 p.m. If you wish to request oral argument, you must contact the clerk at (916) 874-7858 (Department 53) or (916) 874-7848 (Department 54) and the opposing party before 4:00 p.m. If you do not have online access, you may obtain the tentative ruling over the telephone by calling (916) 874-8142 and a deputy clerk will read the ruling to you.

Sample motion to compel production of documents download#

You may access and download the court’s ruling from the court’s website at.

Notice of Tentative Ruling Required in Notice – The Notice of Motion must include the following text: “”Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing.

Note, there is no meet and confer duty when no response is served.

Sanctions for Failing to Meet and Confer – The court “shall” sanction the moving party if he files a Motion to Compel before attempting a “reasonable and good faith attempt” to meet and confer with the responding party.

Must Meet and Confer Prior to Filing a Motion To Compel – The moving party must include a declaration stating facts that show a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.Practically this means the motion must be filed well in advance.

Sample motion to compel production of documents trial#

Final Deadline is 15 Days Before Initial Trial Date – Final day to hear discovery motions, including motions to compel, is 15 days before the initial discovery deadline.Add Time if Responding Party Served Insufficient Responses via Mail – Add 5 (mailed in CA), 10 (Mailed in US outside of CA), or 20 (mailed outside of US) days to the 45 day time limit if the responding party served their insufficient responses via mail.No Time Limit for No Response or Unverified Responses – An unverified response is no response at all, and there is no time limit to move to compel.60 Days for Depositions – Motions to Compel deposition answers may be filed within 60 days of the completion of the deposition transcript.45 Days For Written Discovery – Motions to Compel may be filed 45 days after the insufficient response.

By Personal Injury Lawyer Noah Schwinghamer TABLE OF CONTENTS