What does it mean to file a motion to compel?
A motion to compel asks the court to enforce a request for information relevant to a case. The requesting party files a motion to compel discovery responses if the opposing party continues to deny the discovery request.
When can you file a motion to compel in California?
within 45 days
The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P.
Do you have to file a motion to compel?
There is no meet and confer requirement for filing a motion to compel discovery responses.
When to file motion to compel further discovery?
Notably, for a motion to compel further discovery responses, there is a strict 45-day deadline to serve notice of motion to compel further discovery responses; as well as a strict meet and confer requirement prior to filing of the motion. Relevance of verifications – Appleton v. Superior Court (1988), 206 Cal.App.3d 632
When to Move motion to compel production of documents?
A party demanding the production of document to move for an order to compel further responses if: an objection in the response is without merit or too general. …The motion must set forth specific facts showing good cause justifying the discovery sought by the demand. (Code of Civ. Proc. § 2031.310)
Can a motion to compel be heard in Division 12?
“In addition to the requirements of the Missouri Rules of Civil Procedure and the requirements of the Local Rules of the 21st Judicial Circuit, no discovery disputes, including motions to compel discovery responses or motions for sanctions, will be heard in Division 12 unless, prior to obtaining a hearing date
How to file motion to compel further responses in California?
Separate statement: All motions to compel further responses in California state court must include a separate statement in accordance with C.R.C., Rule 3.1345, stating the specific discovery request, the response given, the factual and legal reasons for compelling further responses, etc.
Which is an example of motion to compel?
A motion to compel further responses to interrogatories is a prime example. (This is where you’ve received responses to interrogatories, believe them to be incomplete, and you want the court to order the responding party to provide further responses.)
When to file motion to compel discovery responses?
If the motion is personally served, the service must be at least sixteen court days prior to the hearing date, the same as the minimum filing deadline. If the motion is served by first-class mail, additional time is added to the calculation, depending on where the mail originates and where it is sent ( CCP § 1005). For example]
Can a motion to compel be denied if?
A misstep at any point may result in denial of the motion and a waiver of the right to compel further responses. Of course if you are on the receiving end of the motion to compel, you’ll need to know your deadline for opposing the motion, the format for doing so, etc.