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Opposing party failed to respond to special interrogatories and form interrogatories. Best course of action?

Hayward, CA |

Child support case, both parties are pro per. Special and form interrogatories were propounded to the opposing party. After getting no response whatsoever I did a meet and confer (though not required by CCP) with the opposing party over telephone. The opposing party was uncooperative. Nonetheless granted a two week courtesy extension and sent a follow up letter by mail confirming the extension. My hope is that if I have to file a motion to compel this will be helpful in that (hopefully) the judge will see that I made the extra effort to resolve this informally and keep it out of the courts. Would a judge care in this instance if I showed effort to resolve this informally or should I have just gone straight for the motion to compel?

Attorney Answers 2


  1. The Judge's always encourage and appreciate the parties to resolve the issues outside the courtroom and not waste the Court's time. Your course of action was a preferable one to take. Be cognizant of the fact that you only have 45 days after the responses were due to file the motion. You will need to submit a Notice of Motion, Points and Authorities, a declaration of facts, and a Proposed Order to the Court for filing. There is a nominal filing fee of $60 to file your motion.

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  2. You have an obligation under law to make a good faith effort to resolve discovery disputes before filing a motion to compel further responses, but no obligation when there has been no response . Nonetheless, the court always likes to see good faith efforts being made to resolve rather than run to the courts for assistance. Unless the other party claims they never lawfully received the discovery, there really is no excuse for not responding timely. Absent some defect in the service, and having not responded to the discovery timely, the court could order a response be made and without any objections, since the right to object was waived when they failed to respond timely. If you have found this helpful and/or the best answer, please let the attorney know by checking the appropriate box below. It will be greatly appreciated. Thank you and best of luck to you.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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