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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior


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 Motion to Compel Discovery

 Superior Court of California

This is a preview. For access to the full SmartRules Guide,
login or join now.

 Los Angeles

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

45 Days After Insufficient Responses to Written Discovery

If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, more...   

The parties may extend the 45 day time limit by written stipulation. . . (amended eff 6/29/09) (requests for production of documents). . more...

Calculating the 45 Day Deadline

If the responding party serves the responses by mail, service is deemed complete at the time the responses more...

.

If the responding party serves the responses by express mail or by "another means of delivery providing for more...

If the responding party serves the responses by fax, service is deemed complete at the time of transmission, more...

45 Day Deadline Does Not Apply If No Responses

Where the responding party fails to provide any responses, (or, in the case of a request for inspection, more...

60 Days After Completion of Deposition Record

A motion to compel answers to deposition questions or the production of documents or things must be made more...

Discovery Motion Cut-Off--15 Days Before the Initial Trial Date

Discovery motions must be heard on or before the 15th day before the date initially set for the more...

Lodge Deposition Transcript 5 Days Before Hearing

For a motion to compel an answer to a deposition question, or to compel production of any document more...

Service of Motion Papers

Personal Service 16 Days Before Hearing

If papers are served by personal service, service must be made at least 16 court days before the more...

Extensions For Traditional Mail Service

If service is made by mail, service must be made at least 16 courts days before the hearing, more...

.

Extensions For Facsimile or Express Mail Service

There are two authorities with differing requirements regarding service by facsimile (but there is only source of timing requirements more...

Extension for Electronic Service--2 Court Days

If a document is served electronically, any period of notice, or any right or duty to act or more...

Calculating the Deadline

The time in which any act provided by law is to be done is computed by excluding the more...

If the last day for the performance of any act provided or required by law to be performed more...

If any city, county, state, or public office, other than a branch office, is closed for the whole more...

Order Shortening Time

The court, on its own motion or on application for an order shortening time supported by a declaration more...

Scheduling the Hearing

Most judges require reservation of hearing dates. Reservations may be made by contacting the courtroom of the judge who will hear the motion. more...

 Rules and Requirements

"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 good more...

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

Separate Statement

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

(1)To compel further responses to requests for admission; more...

(2)To compel further responses to interrogatories; more...

(3)To compel further responses to a demand for inspection of documents or tangible things; more...

(4)To compel answers at a deposition; more...

(5)To compel or to quash the production of documents or tangible things at a deposition; more...

(6)For medical examination over objection; and more...

(7)For issue or evidentiary sanctions. more...

.

Separate Statement Not Required Where No Response Provided

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

Contents

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

(1)The text of the request, interrogatory, question, or inspection demand; more...

(2)The text of each response, answer, or objection, and any further responses or answers; more...

(3)A statement of the factual and legal reasons for compelling further responses, answers, or production as to each more...

(4)If necessary, the text of all definitions, instructions, and other matters required to understand each discovery request and more...

(5)If the response to a particular discovery request is dependent on the response given to another discovery request, more...

(6)If the pleadings, other documents in the file, or other items of discovery are relevant to the motion, more...

.

Identification of Discovery Requests

A motion concerning interrogatories, inspection demands, or admission requests must identify the interrogatories, demands, or requests by set and more...

Interrogatories

Compelling Further Responses After Insufficient Responses

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

.

Meet And Confer Declaration Required

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

Compelling Responses After No Response

If the party to whom interrogatories are directed fails to make a timely response, the propounding party can 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. Los Angeles County SmartRules procedural guide: more...

Inspection Demands or Request For Production of Documents

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...

. (amended eff 6/29/09) more...

Set Forth Specific Facts Showing Good Cause

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

Meet and Confer Declaration Required

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

Compelling Responses After No Response

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

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

Electronically Stored Information

In a motion to compel relating to the production of electronically stored information, the party or affected person more...

If the party or affected person from whom discovery of electronically stored information is sought establishes that the information more...

If the court finds good cause for the production of electronically stored information from a source that is more...

The court shall limit the frequency or extent of discovery of electronically stored information, even from a source more...

(1) It is possible to obtain the information from some other source that is more convenient, less burdensome, more...

(2) The discovery sought is unreasonably cumulative or duplicative. more...

(3) The party seeking discovery has had ample opportunity by discovery in the action to obtain the information more...

(4) The likely burden or expense of the proposed discovery outweighs the likely benefit, taking into account the more...

. (eff 6/29/09) more...

Absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party more...

This subdivision shall not be construed to alter any obligation to preserve discoverable information. . (eff 6/29/09) more...

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 order more...

.

Meet and Confer Declaration Required

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

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

Sanctions

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

Option to Adjourn Deposition or Complete Examination on Other Matters

If a deponent more...

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

Set Forth Facts Showing Good Cause

The motion shall set forth specific facts showing good cause justifying the production for inspection of any document more...

Required Declaration

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

.

Depositions-If Subpoenaed Witness Fails to Appear or Produce Documents

A deponent who disobeys a deposition subpoena more...

; .

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

Meet and Confer

The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to more...

 MOVING PAPERS

Caption

Demurrer

A demurrer must state, on the first page below the number of the case, the name of the more...

Subsequent Papers

On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title of the case to state the name of the first party on more...

Additional Information

The first page of the motion or demurrer must specify, immediately below the number of the case, the more...

Notice of Motion

Every motion must include a written notice of motion that sets forth when and where the motion will more...

A notice of motion must state in the opening paragraph the nature of the order being sought and more...

Motion

Motion papers must include "the motion itself." .A motion must identify the moving party and the party to whom it is addressed, briefly state the more...

Memorandum of Points and Authorities

Required

Every motion must be supported by a memorandum unless the motion is one of the types specifically exempted more...

To the extent practicable, a memorandum and its supporting declarations should be attached to the notice of motion. more...

Content

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

15 Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, a memorandum of points and authorities in support of more...

Table of Contents

A memorandum that exceeds 10 pages must include a table of contents and table of authorities. . more...

Summary of Argument

A memorandum that exceeds 15 pages must 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. . more...

A judge may require that authority from outside California be lodged with the papers that cite the authority more...

References to exhibits must include the number or letter of the exhibit, the specific page and specific paragraph 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 more...

Signature

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

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, more...

Additional Requirements

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

 Evidence

Written

Papers that may be filed in support of a motion include declarations, exhibits, appendices, and other documents or pleadings. more...

Evidence received at a law and motion hearing must be by declaration, or request for judicial notice, without more...

Request To Present Testimony

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

The statement must also include the reason why the evidence cannot be presented by declaration or affidavit. more...

Declarations

Los Angeles County SmartRules procedural guide: DECLARATIONS. more...

Deposition Testimony

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

Judicial Notice

Los Angeles County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

Facts From The Record

The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to more...

 Additional Documents

Meet and Confer Declaration (If Required)

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

Declaration Showing Good Cause for Production (If Required)

Los Angeles County SmartRules procedural guide: DECLARATIONS. more...

Deposition Transcript (If Required)

Title Page: The first page of any deposition used as an exhibit must state the name of the more...

Deposition Pages: Other than the title page, the exhibit must contain only the relevant pages of the transcript. more...

Highlighting Testimony:The relevant portion of any testimony in the deposition must be marked in a manner that calls attention more...

Proposed Order

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

Proposed orders may be filed and submitted electronically as provided in . . more...

Los Angeles County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

 FILING AND SERVICE

Personal Service Required On Non-Party Deponent

A written notice and all moving papers supporting a motion to compel an answer to a deposition question more...

Filing

Time

In the Central District, all fee documents are to be filed at the filing window no later than more...

Electronic Filing May Be Required

Electronic filing is required in some jurisdictions for certain types of actions, and is available but optional for more...

Local Rules Regarding E-Filing

Electronic Filing--Not Available At All Locations

Consult the filing clerk for the applicable court location to learn if electronic filing is available at that more...

Filing Fee

The Los Angeles County fee schedule is online at . more...

Proof of Service

Proof of service of moving papers must be filed no later than 5 court days before the hearing more...

Service

On Each Party

A copy of the document must be served on the attorney for each party separately represented, and on more...

On Attorney of Represented Party

Service must be made on the party's attorney if the party is represented. . more...

Parties Responsible for Electronic Service

Parties are responsible for electronic service. A party may serve documents electronically directly, by an agent, or through more...

Traditional Service Required for Nonparty

A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or more...

Method of Service May Not Cause Disadvantage

The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to more...

 Hearing and Disposition

Appearance at the Hearing

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

Matter Not To Be Heard

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

Tentative Rulings

Some departments post tentative rulings. These can be accessed online at: . more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . Los Angeles County SmartRules procedural guide: more...

Ruling and Order

Los Angeles County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

 

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior