Motion to compel9/3/2023 When that happens, a party can file a motion to compel, asking the Court to order the opposing party to produce the contested documents or information. While there are legitimate reasons for withholding certain documents and information from discovery, often parties will assert that they are entitled to withhold discovery for illegitimate reasons. Parties to a civil action, such as a fiduciary dispute, are entitled to engage in discovery, which is a process that enables the parties to obtain evidence in the form of documents and information that can be used at trial. See blog “ If Meet and Confer Fails, Ask for Help.Fiduciary disputes can become hostile when one party tries to conceal a piece of evidence. The court may toll the deadline for filing a discovery motion if an Informal Discovery Conference is requested pursuant to CCP §2016.280. Prac Guide: Civil Procedure Before Trial (TRG 2022) 8:1148 and CCP CCP §§2030.300(c), 2031.310(c), and 2033.290(c).ĭelaying the motion beyond the 45-day limit waives your right to bring a motion to compel as the court loses jurisdiction. Stipulations to extend the time to bring a motion to compel further responses must be in writing with a date certain. (1988) 202 CA3d 339, 344.ĪMENDED RESPONSES The clock on a motion to compel further responses begins to run once the “supplemental verified responses” are served. Prac Guide: Civil Procedure Before Trial (TRG 2022) 8:1113 citing Blue Ridge Ins. The response must be signed under oath by the responding party and the attorney. The Court held that “ the most reasonable construction of the applicable statutes seems to us to require verification of such a hybrid of responses and objections before the time period begins to run.” LEXIS 855 answered the question whether the 45-day period to file a motion to compel further responses begins to run upon service of a combination of unverified responses and objections if the motion challenges only the objections. The Fourth District Court of Appeal in the case of G olf & Tennis Pro Shop, Inc. RESPONSES WITH ANSWERS AND OBJECTIONS Need to bring the motion within 45-days of service of the response. Responses that only contain objections need not be verified by the party but the response must be signed by the attorney. RESPONSES WITH ONLY OBJECTIONS Need to bring the motion within 45-days of service of the response. Prac Guide: Civil Procedure Before Trial (TRG 2022) 8:1102 citing Appleton v. RESPONSES WITHOUT VERIFICATION There is no time limit on bringing the motion, as an unverified response is tantamount to no response. Below is a list of scenarios with the applicable statutes and case law regarding the different responses you may receive.įAILURE TO RESPOND There is no time limit on bringing the motion to compel the response to the Interrogatories, or the request for production of documents, or have the admissions be deemed admitted. One of the most common questions I am asked is: when does the clock start regarding bringing motions to compel written discovery? The statutes all contain the same language, but it’s not that easy to decipher.
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