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California Motion to Compel Discovery Responses Template

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California Motion to Compel Discovery Responses Template Powered By Docstoc
					This Motion to Compel Discovery Responses Template is used by a party in litigation to
force another party to respond to a previous discovery request. A motion to compel
asks the court to order either the opposing party or a third party to produce the
information requested or sanction the non-complying party when the moving party
believes that the discovery responses are insufficient. This template contains the
necessary information to bring the motion to compel discovery responses. It also
includes a template for a memorandum of points and authorities that must accompany
the motion and sets forth a statement of facts and the moving party's argument. This
template should be used by a party when bringing a motion to compel discovery
responses.
     ______________ [Instructions: Insert name of attorney and bar number]
 1   ______________ [Instructions: Insert address of attorney]
     ______________ [Instructions: Insert facsimile number / email address]
 2   ______________ [Instructions: Insert telephone number]
 3
 4
     Attorney for ______________ [Instructions: Insert either “Defendant” or “Plaintiff”]
 5   ______________ [Instructions: Insert name of represented party]
 6
 7                     SUPERIOR COURT OF THE STATE OF CALIFORNIA
 8          FOR THE COUNTY OF ______________ [Instructions: Insert name of county]
 9
10
     ______________ [Instructions: name of     )     Case No.: ______________ [Instructions:
11                                             )     Insert case number]
     plaintiff]
                                               )
12                                             )
                   Plaintiff,
                                               )     ______________ [Instructions: Insert
13                                             )     “DEFENDANT’S” OR “PLAINTIFF’S]
            v.
                                               )     NOTICE OF MOTION AND MOTION TO
14   ______________ [Instructions: Insert name )     COMPEL RESPONSES TO ____________
     of defendant]                             )     [Instructions: Insert name of discovery
15                 Defendants.                 )     which is sought] PROPOUNDED ON
                                               )     ______________ [Instructions: Insert name
16                                             )     of party]
                                               )
17                                             )     Complaint filed: ______________
                                               )     [Instructions: Insert date of filing for
18                                             )     original complaint]
                                               )
19                                             )     Judge: [Instructions: Insert name of judge]
                                               )
20
21
22
23   TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

24          PLEASE TAKE NOTICE that on ________________ [Instructions: Insert date of
25   motion to compel] at ________________ [Instructions: Insert time of hearing for motion to
26   compel], or as soon thereafter as counsel may be heard in Department ________________
27   [Instructions: Insert department number or letter] of the above-entitled court located at
28   ________________ [Instructions: Insert complete address of courthouse],

                                              2
                            MOTION TO COMPEL DISCOVERY RESPONSES
 1   ________________ [Instructions: Insert name of party filing motion] will and does hereby
 2   move this Court pursuant to California Code of Civil Procedure § ________________
 3   [Instructions: Cite to relevant code section pertaining to the discovery issue] for an order
 4   compelling _____________ [Instructions: insert name of other party] to provide responses,
 5   without objections, and to produce responsive documents to _____________ [Instructions:
 6   insert name of document requesting discovery responses]. [Comment: user may wish to ask
 7   for monetary and terminating sanctions as well, depending on the conduct of the other
 8   party].
 9   This motion is made on the grounds:
10      1. ________________ [Instructions: Briefly set forth main points]
11
12      This petition will be based upon the declaration of ________________ [Instructions: Insert
13   name of declarant, if a declaration is included with the motion] and exhibits thereto, the
14   attached Memorandum of Points and Authorities, all pleadings, records, and documents on file
15   with the court, and on such further oral and documentary evidence as may be presented at the
16   hearing on this matter.
17
18
19   DATED: ________________               Respectfully submitted,
20   [Instructions: Insert date]           By ________________ [Instructions: Insert name]
21                                         Attorneys for ________________ [Instructions: Insert
22                                         “Defendant” or “Plaintiff” and full name].
23
24
25   [Comment: User must check the local rules of the court that he or she is appearing before to
26   ensure that the pleading complies with all the requirements]
27
28

                                                 3
                               MOTION TO COMPEL DISCOVERY RESPONSES
 1                      MEMORANDUM OF POINTS AND AUTHORITIES
 2                                                     1.
 3                           INTRODUCTION AND STATEMENT OF FACTS
 4          ________________ [Instructions and Comment: Set forth argument for motion to
 5   compel and related facts. Note that each point should begin with a one sentence summary
 6   that appears in bold, capitalized letters]
 7
 8
 9                                                CONCLUSION
10          ________________ [Instructions: Insert conclusion of argument]
11
12
13   DATED: ________________              Respectfully submitted,
14   [Instructions: Insert date]          By ________________ [Instructions: Insert name]
15                                        Attorneys for ________________ [Instructions: Insert
16                                        “Defendant” or “Plaintiff” and full name].
17
18
19
20
21
22
23
24
25
26
27
28

                                              4
                            MOTION TO COMPEL DISCOVERY RESPONSES
 1        DECLARATION OF ________________ [Instructions: Insert name of declarant]
 2   I, ________________ [Instructions: Insert name of declarant], declare as follows:
 3   I am an attorney at law duly licensed to practice before all of the courts of the State of California.
 4   I am Counsel for ________________ [Instructions: Insert name of party receiving
 5   representation], and counsel in this action. I make this Declaration in support of
 6   ________________ [Instructions: Insert full caption of motion to compel discovery
 7   responses]
 8
 9   All of the facts stated in this Declaration are based on my personal knowledge and if called to
10   testify concerning any of these facts, I could testify competently.
11      1. ________________ [Instructions: List all facts]
12
13   I declare under penalty of perjury under the laws of the State of California that the foregoing is
14   true and correct. This Declaration was executed on ________________ [Instructions: Insert
15   date] at Los Angeles, California.
16
17   _____________
				
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Description: This Motion to Compel Discovery Responses Template is used by a party in litigation to force another party to respond to a previous discovery request. A motion to compel asks the court to order either the opposing party or a third party to produce the information requested or sanction the non-complying party when the moving party believes that the discovery responses are insufficient. This template contains the necessary information to bring the motion to compel discovery responses. It also includes a template for a memorandum of points and authorities that must accompany the motion and sets forth a statement of facts and the moving party's argument. This template should be used by a party when bringing a motion to compel discovery responses.