When is the last day for the LA court to hear motion to compel before a civil trial?
3 attorney answers
Fifteen days before the date initially set for trial. Specifically, California Code of Civil Procedure Section 2024.020(a) provides:
"(a) Except as otherwise provided in this chapter, any
party shall be entitled as a matter of right to complete discovery
proceedings on or before the 30th day, and to have motions concerning
discovery heard on or before the 15th day, before the date initially
set for the trial of the action."
Unless waived by the judge or by stipulation of the parties in writing, last date for the hearing is 15 days before trial. Motion to compel must be filed within 45 days of service of the interrogatory responses, but if they were mailed, then you can add five days to that deadline. You must also show that you have meet and conferred with the other side's attorney, before filing the motion, or you could face sanctions.
The previous response is absolutely correct. However, courts have been known to extend motion or discovery deadlines for good cause pursuant to a motion or ex parte application. In addition, if the trial date is postponed (as is often the case in Los Angeles County), the parties may stipulate that applicable discovery and/or motion deadlines track the new trial date instead of the trial date initially set by the court. A party may also obtain a court order to that effect (again, for good cause).