Motions to Compel Further Responses in California -- Applicable Codes and Rules by Julie A. Goren, Esq. author of Litigation By The Numbers®-Fourth Edition   California civil litigation procedure is governed by the Code of Civil Procedure and the California Rules of Court.  There is a rule for everything in California.  For example, rules dictate the required format of a particular document (the type of paper which must be used, where on the page certain information must appear); the contents of a particular document (notice of deposition, good faith declaration, separate statement); time limitations within which to file and serve a document (discovery cut-off, motion cut-off, notice of motion deadlines); how to calculate deadlines (how to count days, extending time depending on service method), and much more.  A prime example is a motion to compel further responses to discovery.*  As of January 2010, to prepare, file, and serve a motion to compel further responses to interrogatories in California state court, you would have to comply with a minimum of the following: California Code of Civil Procedure § 1005(b)) California Code of Civil Procedure § 1013 California Code of Civil Procedure § 2023.040 California Code of Civil Procedure § 2024.020 California Code of Civil Procedure § 2030.300 Government Code §70617(a) California Rules of Court, Rule 3.1110 California Rules of Court, Rule 3.1112 California Rules of Court, Rule 3.1113 California Rules of Court, Rule 3.1308 California Rules of Court, Rule 3.1345 *Note that a motion to compel answers is brought where no responses are received at all; a motion to compel further responses is brought when the propounding party feels that the responses received were insufficient.  The California state court procedures for bringing the two motions are very different.   Prerequisite to Bringing a Motion to Compel Further Responses Motions to compel further responses to interrogatories in California state court must be preceded by a "reasonable and good faith attempt at an informal resolution of each issue presented by the motion."   (C.C.P. § 2030.300) Time in Which to Bring a Motion to Compel Further Responses The motion to compel further responses has to be served within 45 days of service of the response.  (C.C.P. § 2030.300)  To calculate that 45-day deadline, you have to know how to calendar deadlines, which depends on C.C.P. §§ 12 and 1013, and possibly 12a.  It also requires that you know all of the California state court holidays.  If the motion involves non-expert discovery, it has to be heard before the 15th day prior to the initial trial date.  (C.C.P. § 2024.020(e)) Requirements Common to Regular Motions (1)  Notice - The motion must be filed and served at least 16 court days prior to the hearing.  (C.C.P. § 1005(b))  Service must be made earlier if the papers are not personally served: 5 extra days if served by mail to a party within California  (C.C.P. § 1005(b)) 2 extra (calendar) days if served by fax, overnight delivery, or express mail (C.C.P. § 1005(b)) 2 court days if served electronically (C.C.P. § 1010.6(a)(6)) Fax and electronic service are only allowed by agreement of the parties.  In the case of fax service, the agreement must be confirmed in writing.  (C.R.C., Rule 2.306)   A party agrees to accept service electronically either by filing and serving a notice that they agree, or by electronically filing a document.  (C.R.C., Rule 2.260) (2)  Format - The motion must comply with the format requirements contained in C.R.C., Rules 3.1110 and  3.1112, e.g., what has to be in the title and below the title, what has to be in the opening paragraph, proper binding, form of exhibits, the required parts of a motion and what must be stated.  The memorandum of points and authorities must comply with C.R.C., Rule 3.1113 with respect to contents, proper format of case citations, page limitations, and inclusion of a table of contents and table of authorities where required. Format Requirements Specific to Discovery Motions and/or Motions to Compel Further Responses If sanctions are sought, C.C.P. § 2023.040 requires that the notice specify the identity of the person against whom sanctions are sought and the type of sanction requested, that the motion be supported in the points and authorities, and the facts be set forth in a declaration supporting the amount of any monetary sanction.  There must be a declaration stating facts showing that a reasonable and good faith attempt was made to informally resolve the issues presented by the motion to compel further responses.  (C.C.P. § 2030.300) All motions to compel further responses in California state court must include a separate statement in accordance with C.R.C., Rule 3.1345, stating the specific discovery request, the response given, the factual and legal reasons for compelling further responses, etc. Miscellaneous Rules A $40 check must be submitted with the motion.  (Govt. Code §70617(a)) To determine the court's tentative ruling, and determine whether you have to appear at the hearing or to request an appearance, see  C.R.C., Rule 3.1308. If you want to appear at the hearing telephonically, you have to comply with C.R.C., Rule 3.1308. Then there are the codes and rules governing notice of ruling, proposed orders, etc. after the hearing. . . .   Litigation By The Numbers® - Fourth Edition includes all of these codes and rules in its simple, step-by-step discussion of Motions as well as a separate discussion in the Discovery chapter on motions to compel further responses to discovery.   For price and ordering information, click here.