motion to compel answers to interrogatories

Motion to compel further discovery responses There is no meet and confer requirement for filing a motion to compel discovery responses. The court shall award (d) sanctions to the prevailing party unless it finds that the one subject to sanctions acted with substantial justification or other circumstances that would make imposition of sanctions unjust. Pursuant to Code of Civil Procedure, sections 2030.290 (interrogatories), 2031.300 (demand for production), 2033.290 (requests for admission), if Defendant fails to serve timely responses to discovery propounded by Plaintiff (30 days + five days if requests were mailed), (b) Plaintiff may move for an order compelling responses to the discovery propounded. Rule 3.1345 amended effective Januadopted as rule 335 effective Janupreviously amended effective July 1, 1987, January 1, 1992, January 1, 1997, and Jpreviously amended and renumbered as rule 3.1020 effective Janupreviously renumbered as rule 3.3145 effective January 1, 2009.The law providing a basis for a motion to compel regarding written discovery requests that have been rightfully propounded but not responded to within the 35-day deadline to respond is as follows: (Subd (d) amended effective Januadopted as subd (b) previously amended effective Jpreviously relettered effective July 1, 2001.)

(d) Identification of interrogatories, demands, or requestsĪ motion concerning interrogatories, inspection demands, or admission requests must identify the interrogatories, demands, or requests by set and number. (Subd (c) amended effective Janupreviously repealed and adopted effective July 1, 2001.) (6) If the pleadings, other documents in the file, or other items of discovery are relevant to the motion, the party relying on them must summarize each relevant document. (5) If the response to a particular discovery request is dependent on the response given to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary are based on the response to some other discovery request, the other request and the response to it must be set forth and (4) If necessary, the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it (3) A statement of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute (2) The text of each response, answer, or objection, and any further responses or answers (1) The text of the request, interrogatory, question, or inspection demand The separate statement must include-for each discovery request (e.g., each interrogatory, request for admission, deposition question, or inspection demand) to which a further response, answer, or production is requested-the following: Material must not be incorporated into the separate statement by reference. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. (Subd (b) amended effective Januadopted effective July 1, 2001.)Ī separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue. (2) When a court has allowed the moving party to submit-in place of a separate statement-a concise outline of the discovery request and each response in dispute. (1) When no response has been provided to the request for discovery or (Subd (a) amended effective Janupreviously amended effective July 1, 1987, January 1, 1992, January 1, 1997, and July 1, 2001.)Ī separate statement is not required under the following circumstances: (6) For medical examination over objection and (5) To compel or to quash the production of documents or tangible things at a deposition (3) To compel further responses to a demand for inspection of documents or tangible things (2) To compel further responses to interrogatories (1) To compel further responses to requests for admission The motions that require a separate statement include a motion: Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement.

Motion to compel answers to interrogatories