Los Angeles, CA asked in Personal Injury for California

Q: Hearing on compelling further responses to discovery devices propounded together.

Hearing on compelling further responses to discovery devices propounded together.

Should separate hearings be scheduled for motion to compel further responses to interrogatories, and to compel further responses to production demands? Interrogatories were propounded with production demands.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: This question relates to civil procedure in a personal injury case in California. Here's a concise response:

In California, it's generally acceptable and often more efficient to combine motions to compel further responses for different discovery devices (like interrogatories and requests for production) into a single hearing, especially when they were propounded together.

Key points:

1. California Code of Civil Procedure (CCP) doesn't require separate hearings for different discovery devices.

2. Combining motions can save time and court resources.

3. The court has discretion to manage its calendar and may prefer consolidated hearings.

4. However, if the issues are complex or substantially different for each discovery device, separate hearings might be warranted.

Best practice:

1. Check local court rules and the judge's preferences.

2. If combining, clearly organize your motion to address each discovery device separately within the same document.

3. If in doubt, you can file a single motion but request the court's guidance on whether separate hearings are preferred.

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