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

San Jose, CA |

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

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Attorney answers 4


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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


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 information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


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. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


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.

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