There is one 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 Court (“CRC”) or, as is often the case, both. Court forms may also be required. Failure to apply a code, rule, or use a required form can have serious consequences, including giving up the right to do whatever it is you were trying to do. That’s why it’s so important to use an up-to-date guide dedicated exclusively to California civil litigation.

The CRC dictates the required format of a particular document (the type of paper to use, where on the page certain information should appear); the content of a particular document (statement of good faith, separate statement); time limitations within which to file and deliver a document (discovery court, motion court, notice of motion deadlines); how to calculate deadlines (how to count days, extend time based on service method, what to do when you land on vacation) and much, much more.

A motion to compel more responses to discovery is a good example. The writing, filing and delivery of a motion to demand more responses and the timing of all associated deadlines requires strict adherence to a large number of requirements, including, at a minimum, the following:

• CPC § 12c (effective 1/1/11) and CPC § 1005 (b)) (to calculate the last day to deliver the notification, opposition and response)
• CPC § 1013 or 1010.6 (to calculate the last day to file the motion)
• CPC § 2023.040 (to seek monetary penalties)
• CCP§ 2024.020 (to set the hearing date before the discovery motion deadline)
• CCP § 2030.300 (to determine the time to present the motion, the reasons for presenting the motion, fulfilling and conferring the requirement, possible sanctions against the moving or opposing party)
• Government Code §70617 (a) (to determine 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 attempted ruling 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 must be digested, understood, and merged … in the correct order. Many, particularly those related to time calculation, are interrelated and must be applied at the right time.

Here are some slightly deeper examples of the complexity involved in motions to compel more responses.

Time to file a motion to demand more answers

It is essential to present the motion and have it heard within strict time limits. The motion to demand more answers must be filed within 45 days of the Service of the answer. (CPC § 2030.300) To calculate that 45-day time frame, you need to understand when something is considered to have been delivered. You need to know how to determine the 45 days after responses were delivered, what to do if that day comes to a holiday, and when responses were not delivered in person, how many days to extend the deadline. This could range from two court days to five days to ten days, depending on the method of service and, when delivered by mail, the location of the parties. These tasks not only require the application of CCP §§ 12 and 1013 (or 1010.6 for electronic service), and possibly 12a, you must also take into account all California state court holidays (there are three in addition to federal holidays ). ).

If the motion involves a non-expert discovery, it must be I’m listening before the 15th day before the initial test date. (CPC § 2024.020 (e)) If it is an expert discovery, you must I’m listening prior to the 10th day prior to the initial test date. (CPC § 2024.030)

Requirements common to regular motions

(1) realize – Once you have your hearing date, you must calculate the last day to deliver your notice and moving papers. (CPC § 1005 (b)) Service must be made earlier if the documents are not served in person. The time extensions depend on the service method. They vary a lot and are different enough from the extensions mentioned above to be dangerously confusing (2 days are added in one scenario; 2 short days are added in the other). Also, one must know how to count the days: backward from the date of the hearing in accordance with the newly promulgated CCP § 12c, starting with the 16 judicial days.

(two) Format – The motion must comply with the format requirements contained in CRC, Rules 3.1110 and 3.1112, for example, what should be in the title and below the title, what should be in the opening paragraph, the proper binding, the form of the annexes, the required parts of a motion and what must be declared. The points and authorities memorandum must comply with CRC, Rule 3.1113 regarding content, proper formatting of case citations, page limitations and inclusion of a table of contents and a table of authorities when necessary.

Specific format requirements for discovery motions and / or motions to enforce further responses

If sanctions are sought, CCP § 2023.040 requires that the notification specify the identity of the person against whom the sanction is requested and the type of sanction requested, that the motion be supported by the points and authorities, and that the facts be established in a declaration. endorsing the amount of any monetary sanction.

A prerequisite for filing a motion to demand more answers is a reasonable and good faith attempt to informally resolve the issues raised by the motion. The motion must include a “a statement of good faith”, stating that the attempt was indeed made. (CPC § 2030.300)

All motions to demand further answers in California state court must include a separate statement according to the CRC, Rule 3.1345, indicating the specific test request, the answer given, the factual and legal reasons for obtaining additional answers, etc.

Then there are the codes and rules that govern:

• Telephone appearances: when they are available and how and when to request them
• Hearing fees
• The attempted court ruling: whether you have to appear at the hearing or can request an appearance.
• Failure notice
• Proposed orders and more

A misstep at any time can result in a denial of the motion and a waiver of the right to demand more responses.