Legal Question in Civil Litigation in California
Can you please explain this cal. civ. pro.
2024.050. (a) On motion of any party, the court may grant leave to
complete discovery proceedings, or to have a motion concerning
discovery heard, closer to the initial trial date, or to reopen
discovery after a new trial date has been set. This motion shall be
accompanied by a meet and confer declaration under Section 2016.040.
........... I am planning to file an ex parte to request an order to reopen discovery after a new trial date has been set.
This cal. civ. pro. says that it must be done as a motion and a meet and confer must take place.
Does the ''meet and confer'' mean that I need to discuss it with the other party first?
Also, I am filing an ex parte - what would the motion be?
Thanks
2 Answers from Attorneys
Re: Can you please explain this cal. civ. pro.
You must first try and resolve your discovery situation with opposing counsel before seeking court intervention. It is very important for you to show the court that you were trying to be reasonable with your opponent about the course of action you want the court to order. Make sure all your written efforts are courteous and respectful regardless of how opposing counsel behaves. Write these written communications as if the judge was looking over you shoulder.
Ex parte motions require you to follow Cal. Rules of Court #s 3.1200 - 3.1207 to the letter, as well as any specific requirements which the individual judge has about the ex parte procedure (i.e. such as when your ex parte papers are due the day before the ex parte proceedings). The judge's requirements are often on-line or available from his courtroom clerk. In this case it would be called an Ex Parte Motion to Reopen Discovery. You may wish to include an alternate request for an order shortening time to an earlier time than a noticed motion if the court decides that it doesn't want to grant your request ex parte, but may consider it on a noticed motion basis on shortened time ("...; or, in the alternative, for an Order Shortening Time for the Hearing of a Motion to Reopen Discovery).
Re: Can you please explain this cal. civ. pro.
This is one of the many reasons why you need to hire an attorney.
Related Questions & Answers
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Meet & Confer? What is meet & confer in the civil law? Asked 3/26/09, 5:46 pm in United States California General Civil Litigation