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