When requesting for email files , what are the minimum parameters that must be specified to make filing for motion to compel

Asked over 1 year ago - San Jose, CA

justified should the respondent object and refuse to comply? Are the start and end date enough?

Attorney answers (4)

  1. Frank Wei-Hong Chen

    Contributor Level 20


    Lawyers agree


    Answered . The parameters will depend upon the nature of the litigation. First of all, the document production demand must be reasonably calculated to lead to the discovery of admissible evidence. Secondly, the scope in terms of the topic(s) and the sender/recipient(s), are just as significant as the time span. Therefore, just the start and end dates are not enough.

    For example, if you just asked for ALL emails, even if you specified a time period, the court will most likely deny your motion to compel as being overly broad and intrusive.

    Unfortunately, it is not possible to speculate as to whether your CCP 2031.010 document demand is properly framed, nor whether the objection(s) raised lack merit.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. John Noah Kitta


    Contributor Level 19


    Lawyers agree


    Answered . T & T is the defendant you can request all emails they have received from 2008 to present. If this litigation involves John Doe you may be able to ask for emails received from John Doe from 1996 to the present.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... more
  3. Adrienne Patricia Allen

    Contributor Level 15


    Lawyers agree


    Answered . I agree with Mr. Chen and will add that you may want to either hire an attorney to represent you or at least hire one to review your requests to see if they are legally sufficient.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  4. Constantine D. Buzunis

    Contributor Level 17


    Lawyers agree


    Answered . As Attorney Chen stated the request must be calculated to lead to the discovery of admissable evidence and you need to be specific as to the topic or subject area and set a reasonable/relevent time span in order to avoid objections like overbroad, burdensome, oppressive, etc.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more

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