Does a motion to compel require a separate statement?
Asked by: Gerhard Cormier III | Last update: October 27, 2025Score: 5/5 (39 votes)
(Code Civ. Proc., § 1005(b).) A motion to compel must contain: 1) a notice of motion; 2) points and authorities; 3) a separate statement; and 4) a declaration that set forth the good faith meet-and-confer attempts to resolve the matter informally.
Do you need a separate statement for motion to compel?
All discovery motions should include a notice of motion and motion. In addition, motions to compel further responses must include a separate statement and meet and confer declaration.
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).
What is the purpose of a separate statement?
The Separate Statement is where the opposition documents intersect: the stand-alone document where everything comes together so the judge can easily see where the disputed issues lie.
Does a motion to quash need a separate statement?
The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compel answers at a deposition; (5) To compel ...
What is a Motion to Compel? Motion to Compel a Response to Discovery Explained
What happens after a motion to compel is filed?
A motion to compel discovery is a request to the judge to order the prosecution to hand over evidence. If the court grants the motion, the judge will order that the appropriate materials be released on a plan of sanctions such as fines, suppression of evidence, and even a dismissal of the charges.
What's the difference between a motion to quash and a motion to dismiss?
An order vacating service of summons and dismissing an action puts an end to litigation without a judicial investigation of the merits; and the effect of granting a motion to quash service is to declare the service void and not to dismiss the complaint.
How to respond to a motion to compel?
The answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party's objections, or argument showing why the party's answers to the discovery requests at issue were sufficient.
What are the rules of separate statement summary judgment?
The separate statement should include only material facts and not any facts that are not pertinent to the disposition of the motion. Each fact must be followed by the evidence that establishes the fact.
What is the difference between a motion to compel and a motion to compel further responses?
A motion to compel is used if there are no responses at all. A motion to compel further responses is when there is a response or an objection, but the response is inadequate and/or objections invalid.
What is a motion to compel for dummies?
A motion to compel is a legal request made by one party to enforce the production of relevant information or evidence during the discovery process of a case. If one party fails or refuses to respond to discovery requests, the opposing party may file a motion to compel to seek court intervention and ensure compliance.
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.
What is the difference between a motion to compel and a subpoena?
In other words, the issuing party must file a motion to compel with the court in order to shift the burden of compliance back to you. If the court grants the motion, you must comply with the subpoena; however, it is possible that the court may only compel compliance with part of the subpoena.
Do you have to meet and confer before filing a motion to compel?
Counsel is required to meet-and-confer before filing motions to compel further responses. (Code Civ. Proc., § 2023.010.) It is good practice to have multiple meet-and-confer attempts, both written and over the phone.
Is a motion to compel serious?
Motions to compel are often necessary to set the tone in your case and acquire the documents and information you need to win your case. Grounds: When a party who has propounded discovery believes the responses are inadequate, the propounding party may move for a motion to compel a further response.
What are the new discovery rules in California in 2024?
235 (SB235) into law, which amends California Code of Civil Procedure section 2016.090. It institutes a new procedure for initial disclosures of information and documents. Beginning on January 1, 2024, parties will be required to make initial witness and document disclosures within 60 days of another party's request.
Does an opposition to a motion to compel require a separate statement?
Except as provided in 3.1345(b), any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement.
What is the rule 56.1 statement?
Under Rule 56.1, the non-movant has an obligation to assist the court in deciding the motion for summary judgment by providing a counter-statement of material facts in numbered paragraphs that directly respond to the moving party's statement of material facts.
How do you argue a motion for summary judgment?
Apply each legal argument to the facts stated in the undisputed facts section, and explain why under the law and the facts summary judgment should be granted. In one paragraph, reiterate why summary judgment should be granted on each count of the complaint.
What is the standard for a motion to compel?
California requires that the moving party provides a statement in support of the motion to compel. This is known as a 3-1020 document which includes the question asked, the answer given, and a reason as to why the answer should be compelled.
How long does a motion to compel take?
It depends if there was a hearing or not on your motion to compel. If there was not a hearing, you can expect an order on the motion generally within 30 days, depending on how busy the judge's desk is.
What is the compel process?
A motion to compel is a formal request made by one party in a legal case to the court, seeking an order that the opposing party must provide certain information or take specific actions within a specified timeframe.
How to prove you were not served properly?
Surveillance: You can provide surveillance footage showing you were not served at the alleged date or that the service was improper. Mail Records: If there's no mail delivered to you or if you haven't signed the receipt. It can indicate improper service.
What is the difference between a motion to dismiss and a motion to terminate?
A removal proceeding that has been terminated can be re-opened or refiled, and termination offers only temporary relief from potential deportation. If a removal proceeding is dismissed, that dismissal is generally permanent and cannot be reopened or renewed.
What happens if a motion to quash is denied?
If the motion is granted, it means that the document or proceeding in question is declared invalid or void. If the motion is denied, the document or proceeding remains in effect, and the case or legal process will continue.