Legal Question in Family Law in California

Notice Of Motion Procedure: See Ca Civ Pro � 2025.480(a)-(c) and Ca Rules of Court Rule 337.

Interrogatories: For failure to respond at all, see Ca Civ Pro � 2030.290 (no time limit on filing and no "meet and confer" prerequisite).

For deficient responses (objections or evasive answers), a motion to compel must ordinarily be filed within 45 days after service of the responses (or supplemental responses) (50 days if service is by mail); failure to meet the 45-day deadline cannot be circumvented by propounding a second set of interrogatories. [Ca Civ Pro � 2030.300]

BARRY BESSER

www.besserlaw.com

I'm not sure what you mean by a letter to compel. If you served interrogatories, he had 30 days from service (extended by 5 days if he was served by mail to and address in the state) to provide verified responses. If he did not respond at all, you do not have a time limit to file a motion to compel, and do not need to meet and confer first.

If your received responses, and you deem those defective, then you have 45 days (again extended by 5 days if you were served withthe responses by mail) to meet and confer and move to compel further responses.

These are two separate motions. As pointed out hastily by Mr. Besser, one involves not responding at all, with no time limit, and the other involves a response that you honestly believe falls short, such as evasive responses or frivolous objections. This latter motion has the time limit, and once it has run, the court cannot rule on the motion to compel further responses.

As a word of caution, I must point out that some sneaky litigants and dishonest attorneys are not serving responses, and then waiting until the time has run and a party has filed a motion to compel, to produce a copy of responses containing nothing but objections and a proof of service that is backdated. You are then stuck at that point with the liar liar defense and the time has run to file a motion to compel further responses to penetrate the frivolous objections.

The best way to combat this tactic is to file a motion to compel responses, immediately, and at least send a letter to opposing counsel or the opposing party pointing out that no responses were received. This forces them to provide the responses sooner, rather than later.