Q: Is separate statement NOT required for motion to compel responses to interrogatories if all were objected?
Is Cal Rules of Court, Rule 3.1345(b) applicable when all special interrogatories were objected?
Is separate statement NOT required for motion to compel responses to SE if all interrogatories were objected?
A:
California Rules of Court, Rule 3.1345(b) states:
"A separate statement is not required when no response has been provided to the request for discovery."
If all special interrogatories were objected to and no substantive responses were provided, then a separate statement would not be required when filing a motion to compel responses. The rationale is that if the responding party has not provided any responses at all, there are no specific responses to address in a separate statement.
However, if the responding party provided objections and some substantive responses (even if incomplete or evasive), a separate statement would likely be required for the motion to compel. The purpose of the separate statement is to identify the specific interrogatories, the responses or objections received, and the reasons why further responses should be compelled.
To be certain, you should carefully review the most current version of the California Rules of Court and any applicable local court rules, as rules may change over time. It's also advisable to consult with a licensed California attorney for guidance specific to your case.
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