still file it in court if I forgot to include it?
Pursuant to Rule 3.1345 of the California Rules of Court, a motion to quash production of documents at a deposition must be accompanied by a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should not be compelled. Failure to timely file a separate statement with the moving papers is grounds for denial of the motion. If you have enough time between now and the hearing date for STATUTORY notice (e.g., 21 days by personal service, 26 days by mail) file and serve the separate statement. If not, you could try going in ex parte for relief.
You need to file a separate statement pursuant to Cal. Rules of Court, Rule 3.1345. File it separately by itself if you have sufficient notice (16 court days plus five calendar days for mailing). Otherwise, you need to re-notice your motion and concurrently serve your separate statement.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Personal Injury Lawyer
Did the other side raise this in their opposition? To be safe, id serve the separate statement on the other atty w/personal service if possible. You can also fax. Tell them you will seek a continuance of the motion to the next available date if they are unwilling to waive objection to late filing of the separate statement. (I assume it is late, unless you can get it personally served 16 court days before the current hrg date. )
Tell them to advise you in writing immediately of their decision to waive or not. Be sure to serve copies of your notice of motion to quash on the copy service and the deponents who are holding the records. if they arent instructed not to produce until the court makes it decision, they may produce while the motion is pending.