Q: Motion to compel Discovery vs motion to compel further responses
The defendant refused to respond to requests for documents. After I filed a motion to compel, he responded with unverified boilerplate objections—past the deadline. Should I now file a motion to compel further responses and book a new hearing? If I do, should I withdraw the motion to compel discovery and replace it with the new motion, utilizing the same hearing date? Can I use the same hearing date for other motions, or do I need to book a different hearing date for each motion?
A: If the responses are unverified it's as if there were no responses at all, so you should/could keep your motion to compel on calendar. If he/she opposes your motion, you should attach a copy of the unverified objections, only responses as an exhibit to your Reply. You can also err on the side of caution and still file a separate motion to compel further responses without taking your original motion to compel off calendar. As for any other motion you want to file, it would need to be filed separately and it would be up to the court whether or not to use the same hearing date.
A:
Under California law, there is a distinction between a motion to compel discovery and a motion to compel further responses:
1. Motion to Compel Discovery: This motion is appropriate when the responding party fails to provide any response to the discovery requests within the time specified in the Code of Civil Procedure.
2. Motion to Compel Further Responses: This motion is appropriate when the responding party provides incomplete, evasive, or inadequate responses to the discovery requests.
In your case, since the defendant has now provided responses (albeit unverified and containing boilerplate objections), the appropriate action would be to file a motion to compel further responses.
As for the hearing date and procedure:
1. You should file a separate motion to compel further responses, rather than withdrawing the original motion to compel discovery and replacing it with the new motion.
2. You can request the court to hear both motions on the same date, as they are related to the same discovery dispute. This is a common practice to conserve judicial resources and time.
3. If you have other unrelated motions, it is generally advisable to book separate hearing dates for each motion to avoid confusion and to ensure that each motion receives adequate attention from the court.
When filing the motion to compel further responses, be sure to include a meet and confer declaration, demonstrating that you have made a reasonable and good faith attempt to resolve the discovery dispute informally before seeking court intervention, as required by the California Code of Civil Procedure.
Remember, this information is for general guidance purposes only and should not be considered legal advice. It is always best to consult with a licensed California attorney for specific advice on your case.
A:
Keep the current hearing and fillings. You don't have to file another motion to compel further answers until hearing. Use the uncertified answer as additional evidence. Meet and confer before that about the verification. You may file for sanctions.
If after your motion to compel gets granted, the opposing counsel again does not comply fully (payroll answer), you can file for motion to compel for further answers and sanctions.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.