The deadline is few days prior to the discovery cutoff and I have not received all the documents. Can I still make a motion to compel documents and information even if its after the disscovery cut off date? Or is it more appropriate for me to request the information again prior to making the motion to compel? LA Attorneys please
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
If you served proper written discovery requests and the responses/production was due prior to the discovery cutoff, the responding party should respond/produce. If they do not respond at all, there is no need to meet and confer with them. The problem is that you may not have sufficient time to bring your motions to compel so that the motions are heard prior to the motion cut-off, so you may need to bring an ex parte application for the court to hear your motions on shortened notice, etc. Be sure to consult your own attorney to protect your legal rights.
If the discovery requests themselves were untimely because the responses would be due less than 30 days prior to the initial trial date, the responding party should serve written objections.
If the responding party failed to assert the discovery cut-off objection, the propounding party could make a motion to compel responses to the written discovery, but the propounding party would most likely lose such motion because of the deadline imposed by the discovery cut-off.
There are two cut offs. California Code of Civil Procedure section 2024.020 provides:
"(a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action. (b) Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings."
Thus, a motion to compel must be heard on or before the 15th day of the initial trial date. The discovery responses must be due 30 days prior to the initial trial date.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.