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How long do you have to answer a motion to compel?
Rules of Court, Rule 3.1300.) Oppositions to motions to compel must be filed no later than 9 days before the hearing. Replies must be filed no later than 5 days before the hearing. Service of oppositions and replies require receipt by the opposing party within 1 business day of the filing deadline.
What happens if you ignore a motion to compel?
If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case. Send a final request. If they do not respond to the final request within 30 days you can send the court an application for entry of final judgment or dismissal.
What does a motion to compel mean?
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.
How long does it take for a motion to compel?
(b), and Cal. Rules of Court, Rule 3.1300.) Oppositions to motions to compel must be filed no later than 9 days before the hearing. Replies must be filed no later than 5 days before the hearing.
Can you appeal a motion to compel?
After hearing argument, the judge should issue a decision from the bench. If you disagree, then you generally can't appeal until the case is completed. However, if the motion to compel affects a substantial right, then you might be able to appeal immediately.
How do you oppose motion to compel?
The other party may oppose your motion by serving and filing an opposition at least nine court days prior to your hearing date. No fee is required to file an opposition. The opposition contains a memorandum of points and authorities and usually a declaration, but does not need the notice of motion or motion.
Can you appeal a denied motion?
If your motion for a new trial is denied, you can appeal the judgment in your case with the California Court of Appeals. A Wallin & Klarich attorney can help you appeal the judgment in your case to an appellate court and may be able to have the judgment reversed.
How do you make a motion to compel?
Most often, motions to compel are used in discovery disputes when one party doesn't want to answer questions or sit for a deposition. In order to file a motion to compel, you first need to draft an acceptable motion. Then you should file it with the court, either in person or electronically.
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