Opposition to Motion to Compel Discovery

 Superior Court of California
 Alameda County

Nine (9) Court Days Before the Hearing

All opposition papers must be filed and served at least nine (9) court days before the hearing. CCP 1005(b).

Late Papers

The clerk may not reject untimely papers. If the court refuses to consider the paper, the order must so indicate. CRC 3.1300(d) (renumbered eff 1/1/07).

"Meet and Confer" Declaration May Be Required

Many types of discovery motions require the moving party to submit a "meet and confer" declaration. more...

A "meet and confer" declaration in support of a motion must state facts showing a reasonable and goo more...

If the rules require a meet and confer declaration, the Court may impose sanctions against any party more...

Separate Statement May Be Required

Any motion involving the content of a discovery request or the responses to such a request must be a more...

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A separate statement is a separate document filed and served with the discovery motion that provides more...

Separate Statement Not Required If No Response Received

A separate statement is not required when no response has been provided to the request for discovery more...

Interrogatories

Compelling Further Responses After Insufficient Responses

On receipt of a response to interrogatories, the propounding party may move for an order compelling more...

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Identify Interrogatories By Set and Number

A motion concerning interrogatories, inspection demands, or admission requests must identify the int more...

Meet And Confer Declaration Required

A motion to compel further responses to interrogatories must be accompanied by a meet and confer dec more...

Separate Statement Required

A motion to compel further responses to interrogatories must be accompanied by a separate statement. more...

Compelling Responses After No Response

If the party to whom interrogatories are directed fails to make a timely response, the propounding p more...

When no response has been provided, the party moving to compel response is not required to submit (1 more...

Sanctions

A party moving for further responses, or moving to compel responses, may also move for sanctions. A more...

Inspection Demands or Request For Production of Documents

more...

Compelling Further Responses After Insufficient Responses

On receipt of a response to an inspection demand, the party demanding an inspection may move for an more...

Set Forth Specific Facts Showing Good Cause

The motion must also set forth "specific facts showing good cause justifying the discovery sought by more...

Identify Inspection Demands By Set and Number

A motion concerning interrogatories, inspection demands, or admission requests must identify the int more...

Meet and Confer Declaration Required

A motion to compel further responses to inspection demands must be accompanied by a meet and confer more...

Separate Statement Required

A motion to compel further responses to inspection demands must be accompanied by a separate stateme more...

Compelling Responses After No Response

If a party to whom an inspection demand is directed fails to serve a timely response, the party maki more...

When no response has been provided, the party moving to compel responses is not required to submit ( more...

Compelling Inspection After Failure to Permit Inspection

If a party filing a response to a demand for inspection thereafter fails to permit the inspection in more...

The party moving to compel inspection is not required to submit (1) a meet and confer declaration or more...

Sanctions

A party moving for further responses, or moving to compel responses or to compel inspection, may als more...

Electronically Stored Information

Requests For Admission

Compelling Further Responses After Insufficient Responses

On receipt of a response to requests for admissions, the party requesting admissions may move for an more...

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Identify Requests for Admission By Set and Number

A motion concerning interrogatories, inspection demands, or admission requests must identify the int more...

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Meet and Confer Declaration Required

A motion to compel further responses to requests for admission must be accompanied by a meet and con more...

Separate Statement Required

A motion to compel further responses to requests for admission must be accompanied by a separate sta more...

Motion That Matters Be Deemed Admitted After No Response

If a party to whom requests for admission are directed fails to serve a timely response, the request more...

When no response has been provided, the party moving that matters be deemed admitted is not required more...

Sanctions

A party moving for futher responses, or moving that matters be deemed admitted, may also move for sa more...

Depositions-If Deponent Fails to Answer Questions or Produce Documents During Deposition

If a deponent fails more...

the party seeking discovery may move the court for an order compelling that answer or production.. more...

Meet and Confer Declaration Required

A motion to compel answers to deposition questions or production at a deposition must be accompanied more...

Separate Statement Required

A motion to compel answers to deposition questions or production at a deposition must be accompanied more...

Option to Adjourn Deposition or Complete Examination on Other Matters

If a deponent more...

the party seeking that answer or production may more...

more...

Options For Noticing Motion During The Deposition

Before the end of the deposition, the deposing party may orally notify the deponent of a motion to c more...

Where the deponent is a nonparty witness, notice of any motion to compel must be in writing and must more...

Depositions-If A Party Fails to Appear or to Produce Documents

If, after service of a deposition notice, more...

without having served a valid objection more...

the party giving the notice may move for an order compelling the deponent's attendance and testimony more...

Set Forth Facts Showing Good Cause

The motion shall set forth specific facts showing good cause justifying the production for inspectio more...

Required Declaration

A motion to compel attendance and testimony must be accompanied more...

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Depositions-If Subpoenaed Witness Fails to Appear or Produce Documents

A deponent who disobeys a deposition subpoena more...

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See Alameda County SmartRules procedural guide: MOTION FOR DISCOVERY SANCTIONS. more...

Caption

California Rule of Court 312(h) was deleted effective 1/1/07. It provided that motions or demurrers more...

It appears that with motions and papers other than demurrers, California Rule of Court 2.111(4) now more...

No change, other than a renumbering, was made to the California Rule of Court addressing the other e more...

Memorandum of Points and Authorities

Content

The opposition memorandum must contain a statement of facts, a concise statement of the law, and the more...

Fifteen (15) Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, an opposition memorandum may not exceed more...

A memorandum that exceeds ten (10) pages shall include a table of contents and table of authorities. more...

A memorandum that exceeds fifteen (15) pages shall also include an opening summary of argument. . more...

Citations to Authority and Exhibits

Case citations must include the official report volume and page number and year of decision. . Autho more...

Reference to Previously Filed Papers

Any paper previously filed must be referred to by date of execution and title. . more...

Style of Citations

Citations to cases and other authorities in all documents filed in the courts must be in the style e more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting th more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating t more...

Additional Requirements

Alameda County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

Written

Papers that may be filed in support of a motion include declarations, exhibits, appendices, and othe more...

Evidence received at a law and motion hearing must be by declaration, or request for judicial notice more...

Request To Present Testimony

A party wishing to present oral evidence at a hearing must file, no later than three (3) court days more...

Declarations

Alameda County SmartRules procedural guide: DECLARATIONS. more...

Judicial Notice

Alameda County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

Deposition Testimony

The first page of any deposition testimony used as an exhibit must state the name of the deponent an more...

Objections To Evidence

Opposition papers may include objections to the evidence relied upon by the moving party.Customarily more...

Response to Declaration Regarding Attempt To Resolve Informally

If appropriate, opposition papers may include a response to the moving party's declaration regarding more...

Response to Declaration of Good Cause

If appropriate, opposition papers may include a response to the moving party's declaration regarding more...

Response to Separate Statement

A motion to compel must be accompanied by a separate statement. .Opposition papers may include a res more...

Response to Declaration Regarding Sanctions

If appropriate, opposition papers may include a response to the moving party's declaration regarding more...

Proposed Order

A proposed order may be lodged and served with moving or opposition papers but must not be attached more...

Filing

Time

Opposition papers must be filed no later than nine (9) court days before the hearing date. . more...

Method

Alameda County SmartRules procedural guide: FILING DOCUMENTS. more...

No Fee

There is no fee for filing opposition papers. more...

Service

Opposition and reply papers must be served by personal delivery, fax, express m more...

California Rule of Court 2.260 expressly provides for electronic service of "a notice" in certain ci more...

Local Rules Regarding Tentative Rulings

Appearance at the Hearing

A party may give notice that he or she will not appear at a law and motion hearing and submit the ma more...

Matter Not To Be Heard

The moving party must immediately notify the court if a matter will not be heard on the scheduled da more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. 670(a) and (c)(amended and renumbered more...

Ruling and Order

Alameda County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RU more...

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