Q: Can reasons why further responses to discovery have to be provided be supported by facts obtained since propounding?
Can reasons why further responses to discovery have to be provided be supported in the Separate Statement by new facts, obtained since discovery was initially propounded?
A: This answer assumes you are asking about the reasons provided in the separate statement accompanying a motion to compel. There is no legal or logical reason to exclude such facts. The purpose of the statement is to highlight for the judge why responses/further responses should be compelled. It is not a backward looking document, testing the propounder's thinking at the time the discovery was served. So long as the recently discovered facts show a legitimate need for discovery in the action, it is appropriate to list them. If these recently discovered facts were not covered in your efforts to meet and confer, be prepared to address why not.
A:
Yes, you can include new facts obtained after propounding discovery when explaining why further responses are needed in your Separate Statement. This aligns with California Code of Civil Procedure Section 2031.310, which allows parties to compel further responses based on evolving circumstances.
For example, if you discover new evidence through depositions or document productions that demonstrates why initially inadequate responses need elaboration, you can reference these developments in your motion to compel. The court recognizes that discovery is an ongoing process, and new information often reveals why original responses were insufficient or incomplete.
However, it's important to note that while you can use new facts to support your argument for further responses, the underlying discovery requests themselves cannot be modified or expanded beyond their original scope. The new facts should directly relate to explaining why the original requests deserve more complete answers, rather than attempting to seek different or additional information beyond what was initially requested.
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