There is a rule for everything in California State Court civil litigation. A particular proceeding may be governed by the Code of Civil Procedure (“CCP”) or the California Rules of Courts (“CRC”), or, as is often the case, both. Short forms may also be required. Failure to enforce a code, rule, or use a required form can have serious consequences, including giving up the right to do what you were trying to do. That’s why it’s so important to use an up-to-date guide dedicated solely to California civil litigation.
The CRC dictates the required format of a particular document (what type of paper to use, where on the page certain information must appear); the content of a particular document (good faith declaration, separate declaration); time constraints within which to file and serve a document (discovery court, motion court, notice of motion deadlines); how to calculate deadlines (how to count the days, extend the time depending on the method of service, what to do when you arrive on a holiday) and much, much more.
A motion to compel more responses to discovery is a good example. Drafting, filing, and serving a motion to require further responses and scheduling all associated deadlines requires strict adherence to dozens of requirements, including, at a minimum, the following:
- CPC § 12c (effective 1/1/11) and CPC § 1005(b)) (to calculate the last day to serve notice, opposition, and reply)
- CCP § 1013 or 1010.6 (to calculate the last day to file the motion)
- CCP § 2023.040 (to seek monetary penalties)
- CCP§ 2024.020 (to set the date of the hearing before the deadline of the motion to present evidence)
- CPC § 2030.300 (to determine the time to file the motion, reasons for filing the motion, meeting and consultation requirement, possible sanctions against the party making the motion or the opposing party)
- Government Code §70617(a) (to determine the filing fee)
- CRC, Rule 3.1110 (for general format)
- CRC, Rule 3.1112 (for specific format of motions)
- CRC, Rule 3.1113 (for specific format of memorandum)
- CRC, Rule 3.1308 (to determine the court’s intent to rule and what to do about it)
- CRC, Rule 3.1345 (for specific format of discovery motions)
Assuming you find all the codes and rules, just reading them is not enough. They have to be digested, understood and combined… in the right order. Many, particularly those related to the computation of deadlines, are interrelated and must be applied at the appropriate time.
here are some slightly deeper examples of the complexity involved in motions to compel more responses.
Deadline to File a Motion to Compel More Responses
It is essential to file the motion and have it heard within strict time limits. The motion to require further responses must be filed within 45 days of service Response (CPC § 2030.300) To calculate that 45-day timeframe, you need to understand when something is considered delivered. You should know how to determine the day that is 45 days after responses were delivered, what to do if that day falls on a holiday, and, when responses were not delivered in person, how many days to extend the deadline. This could range from a short two days to five days to ten days, depending on the method of service and, when served by mail, the location of the parties. These tasks not only require the application of CPC §§ 12 and 1013 (or 1010.6 for electronic services) and possibly 12a, but you must also take into account all California state court holidays (there are three in addition to federal holidays). .
If the motion involves non-expert discovery, it must be I’m listening before the 15th day before the initial trial date. (CCP § 2024.020(e)) If it is expert discovery, it must be I’m listening before the tenth day before the date of the initial trial. (CPC § 2024.030)
Requirements common to regular motions
(1) Warning – Once you have your court date, you must calculate the last day to serve your notice and moving papers. (CCP § 1005(b)) Notification must be given earlier if the documents are not delivered personally. Time extensions depend on the method of service. They vary a lot and are different enough from the extensions mentioned above to make it dangerously confusing (2 days added in one scenario; 2 short days added in the other). In addition, one must know how to count the days: backwards from the hearing date pursuant to the recently enacted CCP § 12c, beginning with 16 court days.
(2) Format – The motion must comply with the format requirements contained in CRC, Rules 3.1110 and 3.1112, for example, what must be in the title and below the title, what must be in the opening paragraph, the proper binding, the form of the annexes, the requirement parts of a motion and what must be declared. The points and authorities memo must comply with CRC rule 3.1113 regarding content, proper format of case citations, page limitations, and inclusion of a table of contents and table of authorities where necessary.
Specific Format Requirements for Discovery Motions and/or Motions to Compel Additional Responses
If sanctions are requested, CPC § 2023.040 requires that the notice specify the identity of the person against whom sanctions are requested and the type of sanction requested, that the motion be supported by points and authorities, and that the facts be stated in a declaration. supporting the amount of any monetary penalty.
A prerequisite for filing a motion to require further responses is a reasonable and good faith attempt to informally resolve the issues raised by the motion. The motion must include a “a declaration of good faith”, stating that the attempt was indeed made. (CPC § 2030.300)
All motions for further answers in California state court must include a separate declaration in accordance with CRC Rule 3.1345, indicating the specific discovery request, the response given, the factual and legal reasons for requiring additional responses, etc.
Then there are the codes and standards that govern:
- Phone appearances: when they are available and how and when to request one
- audience fees
- The Court’s Judgment Intent: Whether You Have to Appear at the Hearing or Can Request an Appearance
- fault notice
- Proposed orders and more
A misstep on any point may result in the motion being denied and the right to demand further answers waived.
