When does the motion to compel deadline 45 days start to count? Start from answer to meet&confer letter, or from real response?

I agree with my esteemed colleagues.

This gets even tricker if the responding party provides supplemental responses to some but not all of the discovery. In such instance, the 45 days runs from the date of the original responses for which there was no supplemental response, but 45 days from the service of the supplemental responses. For this reason, it is imperative to always have an agreement to extend the motion to compel further response deadline for all discovery responses to a date certain.

No, the letter responding to the meet and confer does not constitute supplemental responses.

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Your motion to compel further responses must be served and filed within 45 days after service of the initial or supplemental response. You can add time for service by any method other than personal delivery.

While you must meet and confer prior to filing a discover motion the requirement does not extend the time to file a motion unless you have an agreement with the responding party that the deadline will be extended. If you do not have an agreement and no supplemental response is received, your deadline runs from the service of the initial response. Good luck.

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I agree with the other legal counsel responses

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Mr. Daymude is correct. However this can be tricky and complicated. For instance, the responding party's failure to provide or late presentation of the original verification tolls the beginning of the motion to compel deadline until the original verification is served.

The parties can agree to extend the motion to compel deadline. Do so in writing if you enter into such an agreement. Where the responding party promises to provide supplemental responses, it is prudent to always get an extension of time to move to compel.

Good luck to you.

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