What is the deadline to file an opposition to a motion to compel in California?
Asked by: Prof. Lindsay Smitham | Last update: February 21, 2025Score: 5/5 (50 votes)
What is the deadline to file an opposition to motion in California?
(a) Motion and opposition
(3) Any opposition must be served and filed within 15 days after the motion is filed.
How long do you have to respond to motion to compel?
Notice of a motion to compel further responses must be made within 45 days of the service of the “verified response.” (See Code Civ. Proc., §§ 2030.300, subd. (c) [interrogatories], 2031.310, subd. (c) [requests for production], 2033.290, subd.
What is the 45 day deadline for motion to compel in California?
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer. If the response was served by mail, 5 extra days are added.
Is opposition due 9 court days?
Any response in opposition must be served and filed at least nine court days before the date set for hearing. Rule 3.525 amended effective January 1, 2007; adopted as rule 1525 effective January 1, 1974; previously amended effective January 1, 2005; previously amended and renumbered effective January 1, 2007.
Discovery: What is a Motion to Compel?
How many days to file opposition to motion to compel California?
Oppositions to motions to compel must be filed no later than 9 days before the hearing. Replies must be filed no later than 5 days before the hearing. Service of oppositions and replies require receipt by the opposing party within 1 business day of the filing deadline. (Code Civ.
How many days before an MSJ is the opposition due?
New Rules (Effective January 1, 2025) and codified in CCP § 473c(a): Motion for summary judgment or summary adjudication: 81 days before the hearing. Opposition to the motion: 20 days before the hearing. Reply to the opposition: 11 days before the hearing.
What are the rules for motion to compel in California?
Include Proof of Service: All Motions to Compel Response must have at least two exhibits attached: 1. a copy of the signed Proof of Service demonstrating the date and method the discovery request was served on the responding party and 2. A copy of your meet & confer correspondence.
How long do you have to file a motion to compel deposition in California?
(§ 2016.050; § 1010.6). For motions to compel further answers to deposition questions, the motion must be made no later than 60 days after the completion of the record of the deposition. (§ 2025.480). The parties may stipulate to a specific later date past the 45- or 60-day limit to give notice of the motion.
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 a motion to compel deadline?
[CCP 2033.280(c)]. Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
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.
How do you fight 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.
How many days to file an opposition to a motion in federal court?
opposing a motion (other than a motion seeking an extension of time) must file, within fourteen (14) days after service of the motion, a single memorandum containing any relevant argument and citations to authorities on which the party relies.
What is a motion to file opposition?
If one party to a case has filed a motion with the court, the other side can file an “opposition.” An “opposition” is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
When must a response to a motion be filed?
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
What is the 75 mile rule for deposition in California?
The location of the deposition must be within 75 miles of the witness's residence, or 150 miles if it is being held in the same county as the court the case is filed.
Is motion to compel good or bad?
In the legal discovery process, a motion to compel plays a pivotal role when one party fails or refuses to comply with discovery requests from the opposing side. It is a formal legal request made to the court by the aggrieved party seeking enforcement of discovery obligations.
How many days to respond to a motion to compel?
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.C.P. § 1013) or by a specific date agreed upon in writing by both parties; else the right to bring the motion is waived.
What are the consequences of motion to compel?
If a motion to compel discovery is granted, the prosecution is legally obligated to provide the requested evidence. Failure to comply can lead to various consequences, including sanctions, case dismissal, or a reversal of a conviction on appeal due to the violation of discovery rights.
What is the basis for a motion to compel?
Consider Filing a Motion to Compel if:
A party fails to answer an interrogatory. A party's response to a discovery request is incomplete or evasive. A person fails to answer a question during a deposition. A non-party objects to a request for documents under a subpoena.
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.
What is 9 court days before hearing opposition?
Any party to an included action who opposes coordination may serve and submit a memorandum and declarations in opposition to the petition. Any response in opposition must be served and filed at least nine court days before the date set for hearing.
How is the MSJ deadline calculated in California?
Calculation Notes and Formulas
The deadlines are calculated based on the hearing date using the following formulas: Hand Service: Old Rule: Hearing Date minus 75 calendar days. New Rule: Hearing Date minus 81 calendar days.
How long does a party have to respond to a motion for summary judgment in federal court?
REPLY: The Reply to the opposition is due 14 days before the hearing date.