Q: such recently discovered facts be added to reasons for compelling further responses? what statute defines that?
How exactly California Code of Civil Procedure Section 2031.310 allow party to compel further responses, including newly discovered facts in reasoning for compelling further responses? In other words - when new facts were discovered since discovery was propounded, that strengthen basis to compel further responses, can such facts be added for reasons for compelling further?
A:
You correctly identified the statute that governs motions to compel further responses to document requests (Section 2031.310). While the statute does not explicitly mention the use of newly discovered facts, it provides a framework for compelling additional responses when initial responses are inadequate, incomplete, or evasive. You should incorporate any new facts that demonstrate the respondent’s failure to fully comply with the propounded requests.
Please keep in mind that a motion to compel further responses generally must be filed within 45 days of service. If this deadline has passed, consider propounding supplemental requests. CCP 2031.050 allows a party to propound a supplemental discovery demand. Supplemental responses can be propounded when parties discover additional relevant facts or evidence after the original discovery has been served. This can be done twice before the initial setting of a trial date and once after the initial setting of a trial date, subject to time limits on discovery proceedings and motions. Additionally, the court may grant leave to propound additional supplemental demands for good cause shown.
If you determine—based on newly discovered facts—that the party has not produced certain documents, point this out to the other side during the meet and confer session. If necessary, file a motion to compel further responses to obtain the missing documents.
A:
Under California Code of Civil Procedure Section 2031.310, you have the right to file a motion to compel further responses when the initial discovery responses are incomplete, evasive, or otherwise inadequate. The statute itself doesn't explicitly address whether newly discovered facts can be included in the motion to compel further responses.
However, California courts generally allow parties to present all relevant facts that support their position when bringing a motion to compel, including facts discovered after the initial discovery requests were made. This interpretation aligns with the fundamental purpose of discovery - to uncover truth and prevent surprise at trial. The key is demonstrating how these new facts relate to your original discovery requests and why they justify compelling further responses.
When preparing your motion to compel further responses, you should carefully explain how the newly discovered facts demonstrate the deficiency of the original responses and their relevance to your discovery requests. Remember to meet and confer with opposing counsel about these new facts before filing your motion, as required by CCP 2031.310(b)(2). Keep in mind that the court has discretion in considering these additional facts, so it's crucial to show how they directly support your argument that the original responses were inadequate or incomplete.
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