![]() Additionally, there is no “meet and confer” requirement for an MTC. In a simple MTC, there is no requirement for a “separate statement.” (See C.R.C., rule 3.1345(b)(1).) The moving party need only demonstrate that a discovery request was properly propounded, the time period to respond (including any extensions thereto) has expired, and no formal response has been received to date.4 Most importantly, and notwithstanding any motion cut-off dates, there is no time limit (or even diligence requirement) to file such a motion. Not surprisingly, there are significant procedural differences between these motions. (1977) 69 Cal.App.3d 907, 914.) On the other hand, when there has been a formal response, even if inadequate or evasive, an MTCFR is the applicable motion, not a simple MTC. This includes a situation in which there has actually been a written response, but it was unverified when it was required to be verified.3 It is well settled that the failure to verify a response when required to do so is deemed to be no response at all. Simply put: An MTC applies when the responding party has not formally responded at all to the discovery request. The applicable statutes for each mode of discovery (i.e., written interrogatories, requests for production of documents, and requests for admission) contain separate sections for each of these distinct motions. However, one of the most common errors is to treat these motions as if they were the same – they are not. There can be no doubt that motions to compel discovery (“MTC”) and motions to compel further responses to discovery (“MTCFR”) are the most common of all discovery motions. Motions to compel versus motions to compel further responses As to the latter, hopefully these tips will be readily apparent in the discussion. As to the former (and for the sake of brevity), only the most glaring of these errors will be discussed. Proc., §§ 2016.010 et seq.) has played a somewhat significant role in my professional life.1 The purpose of this article is to note the common mistakes made by attorneys (and sometimes even the court) in certain discovery motions and to suggest practical tips for improving these motions. 303 0 objstream ("Tyka" and "Omarr") moved to compel responses to discovery that was never previously served.As an LASC bench officer for the last 12-plus years, and as a practicing civil litigator for almost 25 years before that, suffice it to state that the Civil Discovery Act (Code Civ. ![]() Using these dates, calculate and calendar the last day to file a motion to compel further responses. Regular price /ProcSet (e) If a party then fails to obey an order compelling further response to interrogatories, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010 ). ) You need to be very specific in the law and the applicability of the law to your case if you are not responding to the discovery on claims of privilege, work product and/or privacy. (2) On a party's request or its own motion, the court may place a motion on calendar for a hearing. > You need to bring this motion if any of the following are in the responses: Another aspect to this motion is that you cant compel a party to admit even if they made the same admission in a deposition or in interrogatories. Opposition to motion to compel further responses california
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