![]() ![]() § 1005(b)) Service must be made earlier if the papers are not personally served. The motion must be filed and served at least 16 court days prior to the hearing. Notice: Once you have your hearing date, you must calculate the last day to serve your notice and moving papers. When calendaring deadlines, one must also be mindful of all of the California state court holidays they differ from the list of Federal holidays). §§ (or 1010.6 for electronic service), and possibly 12a. These tasks require application of C.C.P. This could vary from two court days to five calendar days to ten calendar days, depending upon the service method and, when served by mail, the location of the parties. You have to know how to count to that 45th day, what to do if that day lands on a holiday or weekend, and, where the responses were not personally served, how many days by which to extend that 45-day deadline. You have to understand when something is deemed served. ![]() ![]() § 2030.300) Sounds simple enough, but it’s not. The motion to compel further responses has to be brought within 45 days of service of the response. Time in Which to Bring a Motion to Compel Further Responses Let’s look a bit deeper into a few of these rules. Here’s a short excerpt from the Motions chapter: Fortunately there’s help: LBTN guides the reader through these steps. Those related to calculating deadlines interrelate and must be applied in the right order. You have to digest, understand, and correctly apply them. Now, assuming you find all of the applicable codes and rules for this early part of the process, it is not enough to simply read them. (That’s only the beginning of the process!) Yes, every one of those codes and rules governs some aspect of the procedure for drafting, filing, and serving a motion to compel further responses to interrogatories. that will have to be applied correctly to ensure that the moving papers are complete and in the proper format, the motion is brought timely, filed in the correct place with the correct filing fee, the papers are served correctly and timely, and more. (This is where you’ve received responses to interrogatories, believe them to be incomplete, and you want the court to order the responding party to provide further responses.) Drafting, filing, and serving a motion to compel further responses and calendaring all associated deadlines demands strict compliance with scores of requirements. (There’s a $15 off Coupon Code at the bottom of the page.)Ī motion to compel further responses to interrogatories is a prime example. That’s why everyone in the law office, from the most experienced litigator to the most inexperienced trainee (attorney, paralegal, legal secretary, etc.) relies on Litigation By The Numbers® (“LBTN”), the essential California civil practice guide updated twice yearly. These codes, rules, and forms change often!įailure to apply the current code or rule or use a mandatory form can have serious consequences, among them, waiving the right to do whatever it was you were attempting to do, or even being sanctioned by the court. Depending upon the procedure in question, there may even be required California Judicial Council forms, or local forms, or both. These codes and rules dictate format, content, and deadlines. A single procedure (e.g., filing a complaint, answering a complaint, filing a motion, opposing a motion, serving discovery, responding to discovery, etc.) may be governed by the Code of Civil Procedure (“C.C.P.”), the California Rules of Court (“C.R.C.”), local court rules, or all three. There’s a rule for everything in California State Court civil litigation. ![]()
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