What Does It Mean to “Meet and Confer” on a Discovery Dispute? | CEBblog™
Posted in Compel Further Responses, Meet and Confer, Objections, toolbox is the ability to request documents pursuant to CCP et seq. so popular Motion to Compel Further Responses and Production of Documents opening tutorial on how to deal with a response that is not as straightforward as it appears. may be governed by the Code of Civil Procedure (“C.C.P.”), the California Rules of A motion to compel further responses to interrogatories is a prime example. Drafting, filing, and serving a motion to compel further responses and Meet and confer: A prerequisite to bringing a motion to compel further. In frustration, you may want to file a motion to compel. For example, if interrogatories were unsuccessful in eliciting needed information, a deposition may provide Before moving to compel further discovery responses, California law requires that the parties “meet and confer. See, e.g., CCP §
View an excerpt from the Motions chapter here. The motion to compel further responses has to be brought within 45 days of service of the response.
Motion to Compel = Motion of Last Resort | CEBblog™
You have to understand when something is deemed served. You have to know how to count to that 45th day, what to do if that day lands on a holiday or weekend, and, where the responses were not personally served, how many days by which to extend that day deadline. 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.
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.
Motion to Compel must be filed within 45 days from insufficient response [See Above].
Save Time, Money and Angst — MEET AND CONFER
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.
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.
Legal Guide – Motion to Compel Discovery in Sacramento California
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. 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.