How long do you have to file a motion to compel in California?
The motion must be filed and served at least 16 court days prior to the hearing. (C.C.P. § 1005(b)) Service must be made earlier if the papers are not personally served.
What four parts should every motion contain?
ANSWER: A motion should (1) state the purpose of the motion by identifying the relief that the moving party wants; (2) identify the rule or statute that authorizes the motion; (3) state the grounds for the motion; and (4) identify the documents that the moving party relies upon to show the grounds.
Can a person file a motion to compel?
During a lawsuit, each side can request information and documents from each other. This process, called “discovery,” usually does not involve the judge. However, if one side refuses to comply with a discovery request, then the party who made the request can file a Motion to Compel with the court.
When is a motion to compel discovery grounds for motion?
Deposition Testimony Grounds For Motion – A party may move to compel the answer to a deposition question, or the production of documents at a deposition if the deponent either (1) does not answer a question, or (2) does not bring a document requested in the deposition notice/subpoena.
How does a motion to compel deposition work?
(Code Civ. Proc., § 2025.460 (b).) A motion to compel the deposition of a party to the action must also be accompanied by a meet and confer declaration, or, when the deponent failed to attend the deposition, a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.
Can a judge refuse to grant a motion to compel?
Refusal to grant a reasonable extension of time when requested would not be looked upon favorably should the requesting party file a Motion to Compel Discovery.
When do you file a motion to compel?
Often, the motion to compel is sent during the discovery phase of a lawsuit when another party does not collaborate in disclosing evidence or providing relevant case information. For example, a party requests evidence, documents or material from the other party and the other party fails to provide the needed information or collaborate in any way.
Deposition Testimony Grounds For Motion – A party may move to compel the answer to a deposition question, or the production of documents at a deposition if the deponent either (1) does not answer a question, or (2) does not bring a document requested in the deposition notice/subpoena.
(Code Civ. Proc., § 2025.460 (b).) A motion to compel the deposition of a party to the action must also be accompanied by a meet and confer declaration, or, when the deponent failed to attend the deposition, a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.
Can a court dismiss a motion to compel?
The court has the power to dismiss your case if you fail to respect provide requested information during the discovery phase of the legal proceeding. You can also be condemned for contempt of court if you deliberately refuse to comply with a judgment rendered by the court on a motion to compel.