Q: Motion to compel subpoena records from witness. Statute/rule - timing
What statute/rules how many days plaintiff has in order to file motion to compel records discovery subpoena from witness?
1. If witness opposed
2. If witness responded with motion to quash
3. If did not respond
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A:
In California, the timing for filing a motion to compel compliance with a records subpoena depends on several scenarios under the Code of Civil Procedure (CCP).
If the witness has opposed or objected to the subpoena, you must file your motion to compel within 60 days after service of the objections. This timeframe is established under CCP § 2025.480(b). Similarly, if the witness has responded by filing a motion to quash, you should file your motion to compel within this same 60-day period, though you may want to wait for the court's ruling on the motion to quash before proceeding.
In cases where the witness has failed to respond at all to the subpoena, you have a longer window to act. Under CCP § 2025.480(b), you can file your motion to compel within 60 days after the completion of the record date specified in the deposition subpoena. However, it's important to note that courts generally expect parties to meet and confer in good faith before filing any discovery motions, so you should document your attempts to resolve the issue informally before seeking court intervention.
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