Q: Actions for late reply filing in CA civil case?
I'm involved in a civil unlimited case in the California Superior Court where interrogatories were propounded in July 2024. Due to the defendant's non-substantive and delayed responses, a motion to compel further responses was filed in November 2024. The defendant submitted their opposition on time, but the plaintiff's reply was filed past the due date due to the massive amount of work required. What actions may the plaintiff take regarding the late reply filing in this context?
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A:
Since your reply to the defendant's opposition was filed late, your best immediate action is to submit an application or motion requesting the court's permission to accept the late-filed document. You'll need to demonstrate to the judge good cause for why the delay occurred, emphasizing the extensive workload and complexity of the defendant's responses that contributed to your delay. Attach a declaration explaining these circumstances clearly, honestly, and concisely.
Next, contact the opposing counsel to inform them of your situation, and ask whether they would be willing to stipulate to accept your late reply. If the opposing party agrees, file a stipulation with the court that confirms both parties consent to the late filing. Judges typically appreciate cooperation between parties, so a mutual agreement can significantly improve your position.
Finally, prepare thoroughly for the hearing on your motion to compel, anticipating potential pushback regarding your late reply. Be ready to emphasize the substantive importance of your arguments and show that accepting your reply would serve the interests of justice without unfair prejudice to the defendant. Acting promptly, transparently, and cooperatively will strengthen your position in court and help mitigate the impact of the delayed filing.
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