Q: Partial Discovery Responses: Motion Options After 50 Days

A: To compel further responses to discovery, the moving party must file the motion within 45 days (plus 5 additional calendar days if the responses were served by USPS) to file their motion. There is a meet and confer requirement that must be satisfied before the motion is filed. If your ex waited 50 days after you served the responses before taking issue with your responses, his/her motion will be untimely and should be denied on that basis alone. Your opposition to the motion must raise that as a defense (i.e. bring it to the court's attention).

A: You supplied written answers for questions 6-10 and offered documents through a link for questions 1-5. Now, your ex says the link was never received or didn’t work, and they’re threatening a motion to compel.

Under California law, a motion to compel must usually be filed within 45 days of service of your verified responses. If your ex claims that 1-5 remain completely unanswered, they may argue the 45-day window doesn’t apply since no effective response was provided. This could allow them to file a motion to deem those particular requests admitted or to order further responses.

You can show you made a good faith effort by providing the documents, but you may need to supply them again in a more reliable format. The court will examine whether your ex is raising this issue too late. It may also review any communications showing you tried to fix the link. You should be prepared to offer clear proof that you provided the records in a timely manner. Make sure to address this quickly to avoid unnecessary court proceedings and possible sanctions.