4 Key Documents in a Motion to Compel

A motion to compel must consist of at least four documents. Here’s a handy checklist to be sure that you’ve got all your motion papers set to go. Continue reading

How to Use Oral Notice of Motion to Compel as a Tactical Tool

When dealing with an uncooperative deponent, it may be useful to immediately give oral notice of a motion to compel. You still have to give written notice, but an oral notice can be a powerful tool for convincing the deponent to answer or produce at the deposition. Continue reading

To Meet and Confer, You Need to Talk

If you have a “dispute concerning discovery,” the law requires that you try to resolve it informally by conferring with the opposing side. This meet-and-confer requirement can be met in person, by telephone, or by letter. But a letter or email alone generally won’t cut it; to really meet and confer, you need to talk to opposing counsel. Continue reading

Before Requesting Discovery, Have a Plan to Enforce It

When starting discovery, your focus is on the specific requests you will make. But don’t forget to have a plan to enforce your discovery efforts. Continue reading

Deadlines for Motions to Compel

thinkstockphotos-471597236The timing of a motion to compel depends largely on whether responses have been served. Here’s a review of the timing in common situations and a handy chart with the time limits. Continue reading

4 Questions to Ask Before Moving for a Discovery Protective Order

153000711In California, civil discovery is “self-executing,” i.e., a party demanding discovery doesn’t need prior court approval, and the responding party may object instead of providing the requested information. An objection often ends the matter, but sometimes it doesn’t, and the party resisting discovery has to consider moving for a protective order. Continue reading

Motion to Compel = Motion of Last Resort

One young man pull other oneThe other side is not giving you adequate discovery responses. In frustration, you may want to file a motion to compel. But stay calm and consider carefully whether doing so really makes sense and if there are better alternatives. Continue reading