What is the timeline for motion to compel?
Asked by: Henriette Cremin PhD | Last update: June 14, 2025Score: 5/5 (39 votes)
(b) The motion to compel discovery shall be served upon respondent and filed within 15 days after respondent first evidenced a refusal or failure to comply with Sections 372 and 372.1, or within 30 days after the discovery request was made and respondent has failed to reply to the request or within another time ...
How long do you have to file a motion to compel in federal court?
The federal rules do not contain any time limit in which a motion to compel discovery must be filed. But you should check your court's local rules and even the judge's standing order. For instance, in the Northern District of California you must move to compel within seven days of the close of discovery.
How long does a party have to respond to a 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 happens after a motion to compel has been 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 is the deadline for motion to compel after discovery?
The Court may reject your Motion to Compel as untimely if you file it after your discovery deadline or long after you became aware of the insufficient response to your discovery request.
Discovery: What is a Motion to Compel?
What is the timeline for a motion to compel?
Motion to compel further discovery responses
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 requirements for a motion to compel?
- the nature of the questions or request at issue;
- the response or objections of the party upon whom the request was served;
- arguments in support of the motion; and.
How do you win a motion to compel?
- Act in good Faith.
- Thorough Knowledge of the Case.
- Limit citing voluminous authorities.
- Avoid Personal Attacks.
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.
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.
Can you oppose a motion to compel?
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.
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.
Does a motion to compel require a separate statement?
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 can a party do when the other side fails to respond to discovery requests?
Ask for a court order
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.
How long does it take a judge to rule on a motion to dismiss?
It is difficult to provide an exact answer to this question, as the amount of time it takes for a judge to rule on a motion to dismiss can vary depending on a number of factors. Generally, it can take anywhere from a few days to a few weeks for a judge to reach a decision on a motion to dismiss.
How long do you have to file a motion to reconsider in federal court?
An attorney who intends to appeal an adverse order or judgment should ensure that any motion for reconsideration is filed within 28 days after the order or judgment has been entered, regardless of whether the district court's individual or local rules request (or even mandate) that such motion not be filed until it is ...
How many days is a motion to compel?
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
What happens if discovery responses are late?
What happens if I am late serving my responses? Missing the deadline to serve your responses has a couple of effects: You waive (give up) any objections to the discovery requests. This means that any answers served must contain no objections to the questions.
What is a motion to compel settlement?
One of the most common practices to enforce a settlement agreement is to file a motion to enforce settlement agreement in court. This motion calls on the court to enforce the agreed upon terms, and the judge has the final say. His or her role is to analyze evidence presented and listen to oral testimony by both sides.
What happens if someone ignores a motion to compel?
If a party or party's officer, director, or managing agent fails to obey a discovery order, the court may issue further orders. A court must also order a disobedient party, the advising attorney, or both to pay expenses resulting from the failure to reply.
What is the burden of proof motion to compel?
Generally, the proponent of a motion to compel discovery bears the initial burden of proving that the information sought is relevant.
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 serious is a motion to compel?
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 do you fight a motion to compel?
You need to give the court a reason to deny the other side's motion to compel. There are many different reasons you could give. Take out your Response to the discovery request. You should have identified reasons in your Response for why you weren't turning over certain information.
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.