Motion to Compel Guide
Motion to Compel - Comprehensive Guide
Timing
- 45 Days (Written Discovery): Serve and file notice of motion within 45 days of service of the verified response.
- Interrogatories: CCP §2030.300(c)
- Inspection Demands: CCP §2031.310(c)
- Requests for Admission: CCP §2033.290(c)
- 60 Days (Depositions): Serve and file motion to compel answers or production within 60 days after completion of the record of the deposition. CCP §2025.480(b)
- No 45-Day Limit (No Response/Unverified): No 45-day limit if no response is served. Unverified answers do not start the 45 days; an objections-only response needs no verification.
- Interrogatories: CCP §2030.290(b)
- Requests for Production: CCP §2031.300(b)
- Requests for Admission: CCP §2033.280(b)
- Additional Time (Mail Service):
- +2 court days (electronic, CCP §1010.6(a)(3)(B), until January 1, 2027), +5 calendar days (CA mail), +10 (US outside CA), +20 (outside US). CCP §1013(a)
Final Deadline (Trial Date): Motion hearing must be held at least 15 days before initial trial date. CCP §2024.020(a)
Meet and Confer
- Mandatory Attempt: Unless no response was served, declaration required showing a reasonable, good-faith attempt, in person, by telephone, or by videoconference, to resolve each issue. CCP §2016.040
- Sanctions: Court must sanction if motion is filed without a required attempt at informal resolution. CCP §§2023.010(i), 2023.020, 2023.030
Format of Moving Papers
- Page Limit: 15 pages. CRC 3.1113(d)
- Table of Authorities: Required if over 10 pages. CRC 3.1113(f)
- Sanctions: Clearly state sanctions requested in Notice of Motion, naming each person, party, and attorney; support the amount by declaration. CCP §2023.040
- Exhibits: Tabs for paper exhibits; electronic bookmarks for electronic exhibits. CRC 3.1110(f)
Service and Filing
- Personal Service: 16 court days before hearing. CCP §1005(b)
- Add Time for Mail/Fax:
- Mail: +5 CA, +10 US outside CA, +20 outside US
Fax/Express Mail: +2 days. CCP §1005(b), CRC 2.306
Specific Motions to Compel
Interrogatories
- Grounds: Incomplete, evasive, or improper objections. CCP §2030.300(a)
- Requirements:
- Identify by set and number. CRC 3.1345(d)
- Meet and confer declaration required. CCP §2030.300(b)
- Separate statement required. CRC 3.1345(a)(2)
Deposition Testimony
- Grounds: Refusal to answer or produce documents. CCP §2025.480(a)
- Requirements:
- Meet and confer declaration required. CCP §2025.480(b)
- Separate statement required. CRC 3.1345(a)(4)-(5)
- Certified copy of relevant transcript parts lodged at least 5 days before hearing. CCP §2025.480(h)
Requests for Production
- Grounds: Incomplete statement of compliance, inadequate statement of inability to comply, or meritless objections. CCP §2031.310(a)
- Requirements:
- Identify request by set and number. CRC 3.1345(d)
- Meet and confer declaration required. CCP §2031.310(b)(2)
- Separate statement required. CRC 3.1345(a)(3)
- Good cause required. CCP §2031.310(b)(1)
Requests for Admissions
- Grounds: Evasive, incomplete responses or improper objections. CCP §2033.290(a)
- Requirements:
- Identify by set and number. CRC 3.1345(d)
- Meet and confer declaration required. CCP §2033.290(b)
- Separate statement required. CRC 3.1345(a)(1)
May move to deem matters admitted if no response. CCP §2033.280(b)
Additional Requirements
Separate Statement
- Include request, response, legal and factual arguments clearly outlined for each disputed item. CRC 3.1345(c)
Meet and Confer Declaration
- Include facts showing a reasonable, good-faith attempt in person, by telephone, or by videoconference, and whether you conferred about a certified shorthand reporter for the hearing. CCP §2016.040
- Must include statutory declaration language. CCP §2015.5
Proposed Order
- Prepare separately, do not attach to other documents. CRC 3.1113(m)
- Include detailed terms for relief sought. For submission, including e-filed orders, see CRC 3.1312
Sanctions
- Sanctions applicable for misuse of discovery, unsuccessful motions, and failure to meet and confer. CCP §§2023.010-2023.030
- Clearly state sanction request in notice, naming each person, party, and attorney; authority in memorandum, calculation in declaration. CCP §2023.040