What Does It Mean to “Meet and Confer” on a Discovery Dispute? | CEBblog™
In addition to requiring parties to “meet and confer” prior to filing a demurrer, newly-added CCP § imposes new limits on the filing of demurrers and. C.C.P. § (a); (a)(2). If the parties fail to meet and confer at least five days before responsive pleadings are due, the demurring party must. A thirty-day extension is available under CCP § if meet and confer efforts take longer than expected by filing a declaration.
Notice of said motion c must be served within 45 days of the service of the verified response five extra days if mailed pursuant to C.
The court shall d award 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.
Notably, for a motion to compel further discovery responses, there is a strict day deadline to serve notice of motion to compel further discovery responses; as well as a strict meet and confer requirement prior to filing of the motion.
Relevance of verifications — Appleton v.
Superior CourtCal. Defendant served 1 objections to the discovery; 2 without substantive answers; and 3 without a verification to the response. Generally, the Court held that a motion to compel further discovery responses is the proper motion to be brought when the Defendant serves incomplete verified responses.
Save Time, Money and Angst -- MEET AND CONFER | Resolving Discovery Disputes
Ambiguous scenarios — clarified Pursuant to Code of Civil Procedure, section Inversely, if substantive responses are provided on behalf of the responding party, then those responses must be signed under oath regardless of whether objections are present.
However, this is a draconian point of law, and some judges may or may not agree. Identify the interrogatories in question by name and set number.
Meet and Confer Declaration Required. Motion to Compel must be filed within 45 days from insufficient response [See Above].How to respond to request for production of documents
Adjourning Deposition — If a deponent does not answer a question asked at deposition, the deposition-taker may choose to either 1 adjourn the deposition to file a motion, or 2 complete the deposition on other matters. Unless the answer is necessary to move forward, the latter usually is more practical. Notice of Motion May be Given Orally at Deposition — For party witnesses, the deposing attorney may give notice of the time and place of the motion to compel orally at deposition.
For a non-party witness written notice is required.
Legal Guide - Motion to Compel Discovery in Sacramento California | Noah Schwinghamer, Esq.
This section is usually not practical to invoke, and notice may always be given via the usual written method. Motion to Compel must be filed within 60 days from the completion of the deposition transcript. Attach Deposition Transcript — Sacramento does not allow lodging of deposition transcripts with the court.
Instead, attach the cover page of the deposition stating the party names and the relevant pages of the deposition transcript, with relevant portions highlighted, to a supporting declaration to the motion.
Grounds For Motion — A party may move to compel responses or additional responses to Requests for Admission if 1 a response was evasive or incomplete, or 2 an objection is made that is too general or without merit. Motion to Have Matters Deemed Admitted — If no response is given within the applicable time limit, the moving party may move to have unanswered admissions deemed admitted.