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 Reply in Support of Motion to Compel Discovery

 Superior Court of California
 San Diego County

 

5 Court Days Before the Hearing

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...

Late Papers

The clerk may not reject untimely papers. If the court refuses to consider the paper, the order must so indicate. more...

Department Rules

Many San Diego County Superior Court judicial officers have Department Rules governing, among other things, aspects of motion practice. more...

"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...

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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...

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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...

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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. San Diego 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...

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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 San Diego 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 may have short captions that simply identify the first party on each more...

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

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

Memorandum of Points and Authorities

Content

A reply memorandum must contain a statement of facts, a concise statement of the law, and the evidence, more...

Ten (10) Page Limit on Reply Briefs

A reply memorandum may not exceed ten (10) pages, not including exhibits, declarations, attachments, tables, or proof of 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

San Diego 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 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...

Declarations

San Diego County SmartRules procedural guide:DECLARATIONS. more...

Judicial Notice

San Diego 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 more...

Objections To Evidence

Reply papers may include objections to the evidence relied upon by the opposing party. Customarily, objections to evidence are made in a separate document. more...

Supplemental Declaration Regarding Attempt To Resolve Informally

If made necessary by the opposing papers. See above. more...

Supplemental Declaration of Good Cause

If made necessary by the opposing papers. See above. more...

Response to Opposition, If Any, To Separate Statement

If made necessary by the opposing papers. See above. more...

Supplemental Declaration Regarding Sanctions

If made necessary by the opposing papers. See above. more...

Filing

Time

Reply papers must be filed at least 5 court days before the hearing date. . more...

Method

San Diego County SmartRules procedural guide: FILING DOCUMENTS. more...

No Fee

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

Service

Opposition and reply papers must be served by personal delivery, fax, express mail, or any method that is more...

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

Prior to the hearing, any civil department may issue a tentative ruling in a law and motion

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . (amended and renumbered 1/1/08). San Diego County SmartRules procedural guide: more...

Ruling and Order

San Diego County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

 

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