Legal Question in Civil Litigation in California

what is the form I should use to file motional to compel to answer form interrogs? something that includes " deemed"


Asked on 2/25/11, 7:52 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

No. The word deemed applies to requests for admissions. When a party fails to respond to requests for admissions, the party serving the requests for admissions can file a motion to have them "deemed" admitted. The responding party must serve responses in substantial compliance before the hearing on the motion to avoid this penalty.

If a party has not responded to form interrogatories, you need to file a motion to compel. If a party has responded, but you deem the objections to lack merit, or are too vague, then you need to meet and confer. If that fails, you file a motion to compel further responses. You have 45 days after service of the responses are complete to file this motion, so time is of the essence when you are seeking further responses. There is no form for any of these motions.

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Answered on 2/25/11, 8:28 am
George Shers Law Offices of Georges H. Shers

for a Motion to Compel Responses to Form Interrogatories go to the local law library and check the various forms in the multi-volume California Forms of Pleading and read up on the Motion in Brown and Weil 3 volume book on trials. The law library staff can help you. Do not file anything in Court without first reading up on whom to do it and what it means.

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Answered on 2/25/11, 8:30 am


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