Q: What California rule defines, which types of discovery can be subject to motion to compel?
What California rule defines, which types of discovery can be subject to motion to compel?
A:
Under California law, Code of Civil Procedure Section 2031.310 governs motions to compel further responses to requests for production of documents. This rule allows a party to move for an order compelling further responses if:
(1) The response is evasive or incomplete.
(2) An objection in the response is without merit or too general.
(3) An objection in the response is based on a claim of privilege or work product protection and the responding party has failed to provide sufficient factual information to support the objection.
Similarly, Code of Civil Procedure Section 2030.300 addresses motions to compel further responses to interrogatories, and Section 2033.290 governs motions to compel further responses to requests for admission.
The grounds for bringing a motion to compel further responses under these sections are similar to those for requests for production - namely, that the responses are evasive, incomplete, or contain meritless objections.
So in summary, the key California rules defining which types of discovery can be subject to a motion to compel are:
- CCP 2031.310 (requests for production)
- CCP 2030.300 (interrogatories)
- CCP 2033.290 (requests for admission)
These rules allow a party to seek court intervention to compel adequate responses when the responses provided are deficient.
Tim Akpinar agrees with this answer
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