Q: Due date to file motion for protective order after motion to compel
Authorization to release medical records for discovery was not provided.
1. Did request for authorization have implied due date, same as demand for production would have? (request for authorization did not have due date identified)
2. If motion to compel is filed with court; motion for protective order as to production demand, is valid response to motion to compel?
3. In such scenario: motion for protective order is due 16 court days before hearing on motion to compel?
A:
Under California law, the rules regarding motions for protective orders and motions to compel discovery are governed by the Code of Civil Procedure (CCP). Here are the answers to your questions:
1. Request for authorization to release medical records:
If the request for authorization to release medical records was served as part of a demand for production of documents, the response would be due within 30 days after the service of the demand, unless the court has granted an extension (CCP § 2031.260). If the request for authorization was not served as part of a formal discovery demand, there is no specific statutory deadline for providing the authorization.
2. Motion for protective order as a response to a motion to compel:
If a motion to compel is filed with the court, a motion for a protective order can be a valid response. The party seeking the protective order must show good cause for the order, such as annoyance, embarrassment, oppression, or undue burden or expense (CCP § 2031.060). The court may then limit the scope of discovery or impose conditions on the production of the requested information.
3. Timing of the motion for protective order:
In general, a motion for a protective order should be filed promptly after receiving the discovery request or motion to compel. The CCP does not provide a specific deadline for filing a motion for a protective order in response to a motion to compel. However, the motion should be filed and served in sufficient time to allow the other party to respond and for the court to consider the motion before the hearing on the motion to compel.
Under CCP § 1005(b), a notice of motion and supporting papers must be filed and served at least 16 court days before the hearing date, with an additional 5 calendar days if served by mail within California. Therefore, it is advisable to file and serve the motion for a protective order at least 16 court days before the hearing on the motion to compel to ensure that the court has sufficient time to consider the motion.
Please note that this is general information based on California law, and it is always best to consult with an attorney familiar with the specific facts of your case and local court rules.
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