Motion to compel separate statement11/12/2023 ![]() ![]() Further, it is very unlikely a judge will award you sanctions or attorney fees for the other party's failure to comply. You must first tell the other party why there responses are deficient whether they didn't do something such as responding that "a diligent search and reasonably inquiry" had been conducted prior to answering that there was no documents or information which you could respond with. My guess is if you do not know the proper format to even draft the motion you will not be familiar with each of the particular rules of civil procedure which you are claiming were not complied with. If I were you I would seek guidance of an attorney prior to moving forward with your motion. Look to the California Local Rules (Rule 3.1345) dictates the basic format of questions. This is the date the motion must be filed but, but if it is a standard motion you will have to meet and confer in writing first outlying all the deficiencies. Must bring the motion to compel within 45 days of receiving the deficient responses. Keep in mind there are time restrictions you must comply with too. Depending on the county you may even have to engage in an informal discovery conference before being allowed to reserve a motion date. Of course the law and these types of motions in particular have very specific rules dictating what is required and what you are required to do will change depending on the facts of the case. In each separate motion (FROGS, SPROGS, RFP, RFA, Motion to compel depo, etc) you will also need to include the following: 1) notice of motion, 2) memorandum of points and authorities, 3) a separate statement - which specifically breaks down each question asked, 4) a declaration, 5) proposed order, and 6) proof of service.ĭepending on whether the opposing party responded to the questions or didnt respond at all will dictate whether you need to formally "meet and confer" with them in attempt at resolving any issues informally without the assistance of the court. There are many rules you must comply with as well and deadlines which are not forgiving if missed. You absolutely need to do a separate motion for each type of discovery. I am licensed only in the State of California.Īll cases turn on their own unique facts and law, and need to be carefully considered on their own merits. It is based on California law only and does not purport to apply to any other jurisdiction. This response is for general informational purposes only, and it is not intended to be specific advice to any individual, nor does it create an attorney-client relationship. If this response is helpful, please mark it as "best" and/or "helpful." It helps me learn what information is the most helpful for Avvo users. If you are moving to compel a large volume of responses, you are best keeping them separate. ![]() Discovery motions are a lot of work for a little reward, as far as the Court is concerned, and the easier you make the task for them, the better you tend to fare.įor me, I like to combine discovery motions, but I usually send out short sets of discovery, grouped by topic. ![]() If one motion obviates the other, let the Court know. Do yourself a favor and set the hearings for the same day, and let the Court know in your papers that you are filing multiple, related motions. It is safe to say that you will never get penalized for filing separate motions. I'm lucky enough to know my judges because I file a lot of paper. Now should you combine? This really depends on the judge and the Court. When you do, you have to make sure you pay motion fees for each of the motions, even if you just submit one set of papers. ![]() I often combine multiple motions to compel into one set of papers. ![]()
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