Legal Question in Civil Litigation in California

Motion to Compel Answers

The defendant has refused to answer my RFA and interrogatories and 40 days have already passed. I like to file a motion to compel answers.

Will the rule of 30 days + 5days apply again for me to schedule the date for notice of hearing of the motion?

If I win the motion to compel answer, how soon thereafter the defendant has to answer my RFA and interrogatories?

Thank you

Do I need to schedule the date for the motion 35 days after I have the copies served on the defendant?


Asked on 2/08/08, 3:45 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Motion to Compel Answers

Your timetable is confusing. If the other party has not responded at all, you can file your motion at any time.

If the other party has responded, but not substantively, you have to meet and confer (by letter), and then file your motion within 50 days if the deficient responses were by mail. Otherwise, you're foreclosed from bringing a motion.

It's the date you file the motion, not when the motion is heard, that counts. I hope I've made sense of your question.

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Answered on 2/08/08, 5:17 pm


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