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Note: No Meet and Confer or Separate Statement Required When No Responses Given. [CCP 2031.320(a); CRC 3.1345(b)]. Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
The discovery rule suspends the statute of limitations until an injury is or should have been discovered. In the state of Alabama, the discovery rule is 1 year.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person.
Rule 5(a) thus requires all papers to be served on all parties to the action with the following exceptions: (1) orders and judgments not required by their terms to be served; (2) ex parte motions; (3) any pleadings, motions, notices, or other papers when the opposing party is in default for failure to appear, and no ...
If a party or witness fails to adequately respond to a proper request for discovery, the party seeking discovery may file a motion with the ALJ for an order compelling a response in ance with the request.
33(c)] states that a party electing to respond to an interrogatory by providing electronically stored information must ensure that the interrogating party can locate and identify it 'as readily as can the party served,' and that the responding party must give the interrogating party a 'reasonable opportunity to examine ...
On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost.