I might need to file a motion to compel further responses to discovery requests. CCP § 2030.300(c) on written interrogatories and CCP § 2033.290(c) on requests for admission states “Unless NOTICE OF THIS MOTION is given within 45 days of the service...” (capitalization added.) Note that in other subsections the statutes only used the word “motion” and not “notice of motion.” Does this mean that it is sufficient for only the “notice of motion” to be served and filed by the 45th day? Of course, the rest of the moving papers would have to be filed by 16 court days before the hearing. I reserved a hearing date just in case but that isn’t until mid March and 16 court days before that is late February, but the due date for any notice of motion is late January. So going back to my question, does the explicit language in the statutes mean that I am only required to file the “notice of motion” by the 45th day and not all of the moving papers? Otherwise, wouldn’t the statutes simply say “motion” and not “notice of motion”?
There are several necessary parts to a motion. First you need notice, and second you need the motion. This is usually combined in one document, (e.g. Plaintiff John Doe gives notice to Defendant Jane Roe that on March 1, 2022, in Department 99 of the Kangaroo Court, Plaintiff moves for Jaberwocky under CCP 8898.87, followed by whatever tentative ruling language is required by local rules). Along with the Notice, the motion needs to be supported by a Memorandum (of Points and Authorities) that explains the legal argument supporting your motion. Any factual support must be brought in through admissible evidence, usually a supporting declaration or a request for judicial notice. Many times a [Proposed] Order is included for the Judge to sign if she agrees with your motion. This has not been required for most motions since 2007, but it is a common practice. You may be required to include one on certain motions, say an ex parte application. You will have to check the statutes, the California Rules of Court (start around 3.1110), and any Local Rules of Court.
Finally, you may need to reserve a hearing date for your motion with the Court. If so, that reservation number is going to need to be in your caption. There is often a significant delay in scheduling certain types of motions in the County you are located, so plan ahead.
All of this sounds complicated. It is. If you can get some legal help here, it would be worth your while, even if you are just asking a local lawyer to review the format of your papers before filing.
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