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People also ask
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What is motion to compel responses?
If a party or witness fails to adequately respond to a proper request for discovery, the party seeking discovery may file a motion with the ALJ for an order compelling a response in ance with the request. An evasive or incomplete response to discovery may be treated as a failure to respond.
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What are the requirements for a motion to compel?
The notice of any motion to compel must state the following: 1) when and where the hearing will take place; 2) the grounds for the motion, including the specific discovery sought, the statutory authority, and reasons the response is deficient; and 3) the supporting papers (which must also be filed with the motion).
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What is the meet and confer requirement for motion to compel further responses?
Meet and Confer This typically means sending a letter that informs the opposing attorney or self-represented litigant that the deadline to respond has passed, and providing him or her a reasonable time to respond, after which you would file a motion to compel responses.
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What are the grounds for motion to compel discovery?
Code of Civil Procedure sections 2030.300 (interrogatories), 2031.310 (requests for production), and 2033.290 (requests for admission), allow a party to file a motion to compel further responses where the responses are evasive or incomplete, or if an objection is without merit or too general.
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What is a motion to compel before a trial?
A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.
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What happens if someone doesn t respond to a motion to compel?
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
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What is the timeline for a motion to compel?
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
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What is the deadline for motion to compel with no responses?
Note: No Meet and Confer or Separate Statement Required When No Responses Given. [CCP 2031.320(a); CRC 3.1345(b)]. Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
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