Motion to compel discovery california 45 days. Discovery PENAL CODE SECTION 1054-1054.

3d 490, in holding that a court has authority only to deny a motion to compel brought beyond the 45-day limitation because failure to timely move to compel within the specified period constitutes a waiver of any right to compel. 1348(a) of the California Rules of Court states: “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery Jan 28, 2020 · What does motion to compel mean and how does the process work? If you find yourself entangled in the legal process, read further for an overview of what a motion to compel entails. Jan 1, 2016 · Opposition to Motion to Compel Discovery Superior Court of California Los Angeles Timing 9 Court Days Before the Hearing. Aug 5, 2010 · Motions to compel further responses to interrogatories, requests for productions of documents and requests for admissions require that the motion be filed within 45 days. Oct 16, 2012 · There is no deadline (other than the 15 days before trial discovery cut-off deadline) to file a motion to compel responses to discovery where there were no responses at all. 1, or within 30 days after the discovery request was made and respondent has failed to reply to the request or within another time stipulated by the parties with the approval of the Administrative Law Judge or the A motion to compel discovery from a party should be made in the court in which the action is pending or in any district court in the district in which the deposition is being taken. When a responding party serves only objections, it is my understanding that a verification isn't necessary. Jul 13, 2024 · Motion to Compel Discovery Superior Court of California Alameda Timing 45 Days After Insufficient Responses to Written Discovery. 215. 310 (c) states “Unless NOTICE of this motion is given within 45 days” (Emphasis added. . 300, on [Date], Plaintiff sent a Meet and Confer Letter to Defense Counsel, ruesting verified substantive responses, eq unilaterally allowing additional days to provide verified substantive responses. A directory of Central District Judges' procedures and schedules can be found on the court's Judges' Procedures and Schedules page. ” (See Plaintiff’s counsel had been to court several times on motions to compel documents and motions to compel further documents from an international Corporation. Discovery PENAL CODE SECTION 1054-1054. CCP §§ 2030. Pre-Motion Requirements Timing. Discovery can be informal or formal. Jul 2, 2012 · Yes, the receipt of the verification would mark the receipt of the responses. Fox (SBN 290409) 2 Alexander M. All of them have their place in your discovery plan but two of them --Motion to Compel Further Responses and Motions to Have Matters Deemed Admitted must be in your arsenal. Counselor: Delaying the motion beyond the 45-day limit waives your right to bring a motion to compel as the court loses jurisdiction. 300(a); (2) pay a fee of $20 per subpoena (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories. ) Jul 12, 2024 · A motion to compel further response to a demand for production under CCP §2031. (2) In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute. Nov 15, 2020 · Rules of Court, rule 3. 240 and set for 45 days out to file and serve the motion. com 6 ASmith@jenner. 00 (2)(c). Jan 29, 2023 · The discovery codes state “Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further Jan 1, 2023 · (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories. B. If you are referring to a motion to compel further responses, then you would bring up the 45 day deadline in your written opposition to the motion to compel further responses. (Code of Civ. Code § 2029. Tex. (Id. A motion to compel disclosure is filed against a party failing to make disclosure, and a motion to compel discovery is filed against a party failing to answer requests, produce documents or Request sanctions as reimbursement for the motion. 5 Court Days Before the Hearing. Sup. The hearing was set more than 45 days out. Re: Widget Corp. Ct. Mediation was completed, unsuccessfully, on July 30, 2019. The only reason for having the writing is if the deadline ever becomes an issue in connection with a motion to compel further Delaying the motion beyond the 45-day limit waives your right to bring a motion to compel as the court loses jurisdiction. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the Delaying the motion beyond the 45-day limit waives your right to bring a motion to compel as the court loses jurisdiction. 020] Practical Last Day to Serve Discovery (and be able to make a motion on it) – 90-100 days before trial. at p. 5, he said the motion to compel brought by defendant Golf & Tennis Pro Shop, Inc. Reply papers must be filed and served at least 5 court days before the hearing date. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the Jan 24, 2013 · An agreement to extend the 45 day deadline to file a motion to compel further responses just requires a confirmation in writing (which can be fairly informal, such as by email). Discovery motions in summary proceeding involving possession of real property (a) Notice In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a discovery motion must be given in compliance with Code of Civil Procedure sections 1010. files this response to Section 11507. In opposition to the motion to compel, the plaintiffs argued the motions were untimely under Code of Civil Procedure section 2030. The 45 days starts from the date of service of the response containing only objections. Deadlines must be calculated at every phase of the California state court lawsuit. No, the objections which were timely served within the 30 (or 35 days) would still be viable objections, even if the responses were not verified. 2009 California Penal Code - Section 1054-1054. If a party fails to make a disclosure required by Rule 26(a), any other party may move to compel disclosure and for appropriate sanctions. 95 d. Counsel again asserts that the motion to compel deadline was extended to September 30 and again to November 30, 2019, which plaintiff does not dispute. Motion to Compel Discovery Superior Court of California Contra Costa Timing 45 Days After Insufficient Responses to Written Discovery. Superior Court (1997) 58 CA4th 1403, 1409-1410 Jan 20, 2024 · In California criminal law, a motion to compel discovery is a critical tool used by defense attorneys to ensure they have access to all the evidence in a case. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. Rule 3. Ctr. Motion to Compel Discovery Superior Court of California Orange Timing 45 Days After Insufficient Responses to Written Discovery. 020 states: (a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial Delaying the motion beyond the 45-day limit waives your right to bring a motion to compel as the court loses jurisdiction. 5678 Elm Street Los Angeles, CA 90012. For example, where a party fails to respond to document requests, asserts improper objections and/or fails to produce responsive documents, the propounding party must bring a motion within 45 days from the deadline to respond and/or produce. com 7 An N. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to Rule 26. 310(c) and 2032. At the hearing my motion was denied and the judge directed (did not say I order) us to meet and confer. 540 Motion to compel discovery. v. 7 - Motion to compel discovery (a) Any party claiming the party's request for discovery pursuant to Section 11507. Timing. 3d 681 at 683-684 and Sexton v. CRC 335(a) states that “(a)ny motion involving the content of a discovery request or the responses to such a Motion to Compel Discovery Superior Court of California San Diego Timing 45 Days After Insufficient Responses to Written Discovery. 1347. 8. Also, keep in mind that if the discovery responses were served to you by MAIL, you get an extra FIVE calendar days to file your motion to compel further responses. 1345. The court’s most recent order was that the documents were to be served two weeks before the corporation’s person most knowledgeable depositions were to take place in London. 10 :: Chapter 10. were not received by COB August 31, 2005, 40 days after service of discovery, a Motion to Compel would be filed. See CEB California Civil Discovery Practice, §8. , a cross-complaint or discovery, you must follow several steps, in the proper order. Superior Court (1997) 58 CA4th 1403, 1409-1410 Discovery closes before trial: 30 days before trial – or 15 days before arbitration. Regardless of the date of trial, absent an agreement memorialized in writing to extend the 45-day period, no court can hear a motion to compel further responses if the motion was made after the 45-day period has run. 040. KRAMER, State Bar //094049 MICHAELH. Dear Mr. This motion is particularly relevant under the California Penal Code 1054, which governs the discovery process in criminal cases. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the insufficient Rule 3. By delaying the filing of the motion the party waives the right to compel further responses. If you manually calculate the last day to take a particular action, e. 300, 2031. 410, fails to appear for examination, or to proceed Jun 16, 2020 · 18 pages 1 JENNER & BLOCK LLP Brandon D. Nov 24, 2014 · I properly served admission discovery. ) Before a party files a motion to compel a response to discovery, the party must make a good faith effort to confer with the person or party allegedly failing to properly respond to a request for discovery in an effort to secure information or material without action by the ALJ. 2018-86171 FIRST INDUSTRIAL, L. 300(c) (Interrogatories); 2031. Here is a general sequence of events leading Casey Counselor, Esq. See V idal Sassoon, Inc. 290(c) Delaying the filing of the motion waives a party’s right to compel further responses. LR 37-3 (amended eff 12/1/19). 2031. What is a motion to compel? A motion to compel asks the court to enforce a request for information relevant to a case. 4th 1403 (finding that the 45 day deadline for bringing a motion to compel discovery is jurisdictional and the court’s only authority after its expiration to rule on the motion is to deny it). 020] Last Day to Hear Discovery Motions – 15 days before trial. 310(c) (Inspection Demands); 2033. 135-137. 2010 California Code Penal Code Chapter 10. Carter, Executive Officer/Clerk of Court, by K. This chapter shall be interpreted to give effect to all of the following purposes: (a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery. 3d 681 at 685 (Pre Jun 24, 2016 · Rule 3. Oct 24, 2021 · Once an attorney receives the other party’s responses to the submitted interrogatives, the California Code of Civil Procedure (CCP) allows that attorney to file what is called a Motion to Compel Further Responses to Discovery. 310, 2032. Jul 7, 2024 · Motion to Compel Discovery Superior Court of California San Bernardino Timing 45 Days After Insufficient Responses to Written Discovery. 310(c) (takes effect 01/01/2020); see Sperber v. Smith (SBN 295187) Sati Harutyunyan (SBN 313138) 3 515 South Flower Street, Suite 3300 4 Los Angeles, CA 90071-2246 Telephone: +1 213 239 5100 5 Facsimile: +1 213 239 5199 Email: BFox@jenner. 290(c) (Requests for Admission)]. 03. (Mullikin Med. Coreas,Deputy Clerk 1 JEFFREY S. Sep 7, 2023 · Untimely Motions. ) Here, Defendant served responses by mail on Jan 22, 2022 · This article was co-authored by Clinton M. See Code of Civil Procedure section 1013. 300(c), 2031. , to move to compel further responses to discovery, or you manually calculate the last day to respond to something, e. Proc. Motions to compel further responses to interrogatories or document requests must be made within 45 days after service of the response, extended 5 days if served by mail in California; otherwise, the propounding/demanding party waives any right to compel a further response. P. These motions, brought under California Code of Civil Procedure (CCP) sections 2025. 480, 2030. D. Robinson (1994) 26 Cal. The Court may deny a motion to compel further responses to discovery if parties fail to schedule and complete an IDC before the scheduled hearing on the motion. But, to prepare for trial, you will use the formal discovery process. May 17, 2022 · Upon receipt of a deficient motion, bring a motion to compel further responses as per C. Of course, Complainant served her Discovery upon the same individual that (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding party have agreed in writing, the demanding party waives any right to compel a further response to the demand. 230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. The purpose of this motion is to request an order from a Feb 16, 2023 · When a party receives responses to written discovery requests that they feel are legally inadequate, they can file a motion to compel the discovery. 45 Days For Written Discovery – Motions to Compel may be filed 45 days after the insufficient response. A motion for an order to a nonparty must be made in the court where the discovery is or will be taken. Superior Court (1983) 147 Cal. Motion to Compel - Motion to Compel Motion to Compel - Interrogatories Preview Electronically FILED by Superior Court of California, County of Los Angeles on 01/18/2019 05:07 PM Sherri R. 8. ” What do you do? You are in a real dilemma now. Apr 7, 2011 · There are three motions that you can bring--(1) Motion to Compel, (2) Motion to Compel Further Responses, and (3) Motion to have matters Deemed Admitted. The other person must respond to your request and swear how they responded is true. While typically filed with respect to discovery responses in civil litigation, they may also be filed for other reasons such as to compel compliance with a prior court order. Sandvick worked as a civil litigator in California for over 7 years. Central Dist. Title: Motion to compel, or motion to compel further? - Plaintiff magazine Author: Jake Cohen Created Date: 4/10/2018 12:11:06 PM A discovery motion must be noticed to be heard on a regular Motion Day, for the appropriate judge at least twenty-one (21) days after filing the motion. 080 or 2033. (CCP §§2030. 6. You cannot file a Motion to Compel simply because the other party refuses to respond to any of your informal requests for information. CCP § 1005 (b) (amended eff 1/1/23). Rule 37 provides that a party may seek to compel discovery when, as here, a responding party fails to answer an interrogatory or refuses to provide requested documents or information. When Can You File a Motion to Compel Discovery? A Motion to Compel can be filed only after you have made a formal discovery request under Federal Rules of Civil Procedure 33, 34, 36, or 45 Superior Court (1997) 58 Cal. Informal discovery means sharing information voluntarily. 1(a). (Subd (a) amended Dec 6, 2018 · Timing: The notice of motion to compel a further response to written discovery must be served within 45 days of service of the verified response at issue or of when any verified supplemental response was served. 1348(a), explains, “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after motion was filed. (§ 2030. Calculating the Deadline Apr 23, 2018 · Few motions strike more fear (or at least boredom) into the hearts of attorneys than the dreaded Motion to Compel Further Responses to Discovery. App. Reply in Support of Motion to Compel Discovery Superior Court of California Los Angeles. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the insufficient § 180. ) However, the 45-day clock will begin ticking if verifications are subsequently served for the originally unverified responses. § 2031. 4 pages CAUSE NO. One day before it was due the other party emailed me claiming they had served me. § HARRIS COUNTY, TEXAS § CADENCE McSHANE CONSTRUCTION § COMPANY, LLC § Defendant § 165" JUDICIAL DISTRICT THIRD-PARTY DEFENDANT GORRONDONA’S RESPONSE TO THIRD-PARTY PLAINTIFF CADENCE McSHANE’S MOTION TO COMPEL Third-Party Defendant GORRONDONA & ASSOCIATES, INC. A motion to compel discovery must be filed within 21 days after the relevant discovery response has been received. Section 2025. Although the California Civil Discovery Act does not require a meet and confer prior to filing a motion to compel initial responses, See CCP § 2031. R. The motion to compel must be filed within 45 days of the service of the verified responses or any supplemental verified response. Jan 1, 2023 · (k) If a deponent fails to obey an order entered under this section, the failure may be considered a contempt of court. Though they appear to be the same motions you would use for Motions to compel further responses to interrogatories, requests for productions of documents and requests for admissions require that the motion be filed within 45 days. 4th 1403, 1410 (late-filed motion to compel must be denied where objection raised at hearing even if omitted in opposition papers). Tran (SBN 267685) 8 455 Market Street, Suite 2100 San Francisco, CA 94105 Dec 12, 2020 · Motions to compel further responses to requests for productions of documents require that the motion be filed within 45 days. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the Importantly, there is no deadline to file a motion to compel further responses where unverified responses are mixed with objections. g. your young associate to file a motion compel further responses. Carter, Executive Officer/Clerk of Court, by L. 230, without having served a valid objection under Section 2025. P. Fed. No CRC 335 statement. The California Code of Civil Procedure sets forth strict deadlines for many types of discovery motions. [CCP 2024. Jul 3, 2023 · Parties seeking to compel further responses to discovery, must schedule an Informal Discovery Conference (IDC) before the Court will hear their motions. § IN THE DISTRICT COURT OF Plaintiff § § v. The parties may agree to extend this deadline to give the May 13, 2018 · Yes, if the responding party served verified further/supplemental responses to this written discovery, the 45 day deadline for you to bring a motion to compel further responses as to those further/supplemental responses begins anew. Civ. (B) To Compel a Discovery Response. 250, 2033. (3) Specific Motions. CCP § 2031. In addition, if the disobedient deponent is a party to the action or an officer, director, managing agent, or employee of a party, the court may make those orders that are just against the disobedient party, or against the party with whom the disobedient deponent is (b) The motion to compel discovery shall be served upon respondent and filed within 15 days after respondent first evidenced a refusal or failure to comply with Sections 372 and 372. (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding party have agreed in writing, the demanding party waives any right to compel a further response to the demand. Superior Court (1997) 58 CA4th 1403, 1409-1410 Jul 7, 2024 · Motion to Compel Discovery Superior Court of California San Mateo Timing 45 Days After Insufficient Responses to Written Discovery. Twenty days later you get the tentative ruling--“Motion Denied. The statutory discovery cutoff in California is 30 days before the trial. The motion is filed and served. 10 1054. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the Nov 5, 1997 · Superior Court (1997) 58 Cal. A party may move to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under the Code of Civil Procedure § 2030. 4th 1403, we cited Career Colleges, supra, 207 Cal. You need to meet and confer with opposing counsel and if then file a motion to compel further responses if necessary. (Sexton v. 300(c)). 290(c) Delaying the filing of the motion waives a party's right to compel further responses. Clinton M. (A) To Compel Disclosure. 9. In a formal discovery, you formally ask for information and documents. 300(c) states that the 45-day limit to file a motion to compel further responses to discovery only starts upon service of a "verified response". If no response was received, the motion to compel discovery must be filed within 21 days after the response was due. 1345 sets forth the format of discovery motions and explains that separate statements must accompany most motions to compel, with the exception being those situations where no response at all has been provided to the requested discovery. Therefore, it could also be argued that when a party serves only objections to propounded discovery, without substantive verified responses, then a motion to compel further discovery responses would be proper (creating the duty to meet and confer and serve notice of motion to compel further discovery responses within 45 days from the date that Oct 26, 2021 · motion to compel - motion to compel motion to compel initial responses Preview Electronically FILED by Superior Court of California, County of Los Angeles on 09/23/2020 01:02 PM Sherri R. (b) (1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the Jan 14, 2013 · Supposing the responding party does not agree to an extension and time is short, can only the NOTICE of motion to compel further responses be filed within the 45 days or must the actual motion ALSO be filed within 45 days. Code of Civil Procedure CCP 2024. The case of Vidal Sassoon, Inc. Defense counsel asserts that the parties agreed to extend the deadline for motions to compel to 45 days after completion of mediation. A motion to compel discovery from a non-party must be made in the court in the district where the deposition is being taken. John Doe, Case # 34-2013-12345678. 4th 736, 7454. (a) If a deponent fails to answer a question propounded, or a party upon whom a discovery request has been made fails to respond adequately, objects to a request, or fails to produce documents or other inspection as requested, the discovering party may move the ALJ for an order compelling discovery in Motion to Compel Discovery Superior Court of California San Francisco Timing 45 Days After Insufficient Responses to Written Discovery. (3) EVASIVE OR INCOMPLETE ANSWER. App. 2 days later I still had not received responses and so filed my motion to compel. (4) AWARD OF EXPENSES OF MOTION. 01(A) (amended 12/1/09). at pp. You would have 45 days (50 days if the responses with verification were mailed) to bring a motion to compel further responses. Format of discovery motions (a) Separate statement required Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. Deposition Notice – Defendant may serve any time. Hoffman,Deputy Clerk COI. 37. 6 has not been complied with may serve and file with the administrative law judge a motion to compel discovery, naming as respondent the party refusing or failing to comply with Section 11507. was tardy, anyway. C. While the justice disagreed with Orange Superior Court Judge James Di Cesare’s assessment that the trial court lacked jurisdiction to rule on the discovery motion once 45 days had elapsed from Feb. The Agency’s attorney replied, astonishingly, that as of August 31, 2005, she had not received any Discovery request from Complainant. 450 - Motion to compel deponent testimony and production (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025. 300 because petitioner failed to file the motions and supporting documentation within 45 days, plus any extension based on the method of service, of when plaintiffs originally served their responses Within 21 Days After Receipt of Response . com SHarutyunyan@jenner. The Courts will decide motions . ) (1997) 58 Cal. Sandvick, JD, PhD. Superior Court (1997) 58 CA4th 1403, 1409-1410 Dec 11, 2012 · There is a 45-day rule for motions to compel further discovery responses. Rule 37(a): If a party is not complying with discovery procedures, the other party through a motion in good faith can compel the non complying party. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the The Code of Civil Procedure Section 2030. 6 or 1013 and 1170. All opposition papers must be filed and served at least 9 court days before the hearing. Plaintiff Jan 1, 2023 · (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the requests for admission. S. ) Motion to Compel Discovery Superior Court of California Sacramento Timing 45 Days After Insufficient Responses to Written Discovery. February 14, 2025. A formal stipulation is NOT required. The attorney has 45 days to do so, but in order to, the CCP requires “reasonable and good faith attempts” to meet Motion to Compel Discovery Superior Court of California Riverside Timing 45 Days After Insufficient Responses to Written Discovery. 290 are enormously time-consuming, technical and costly. This saves time and money. For purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer. Aug 9, 2015 · You are not correct. compel discovery in California for use in an out-of-state proceeding, the out-of-state party must: (1) submit the original subpoena from the foreign jurisdiction where the case is pending (or a true and correct copy), see Cal. Calculating the Deadline Motion to Compel Discovery Superior Court of California Santa Clara Timing 45 Days After Insufficient Responses to Written Discovery. 310(c) is untimely when the motion is made more than 45 days after service of the response, even when the motion is brought less than 45 days after the date set for production. ⁠72. 37(a)(3)(B)(iii)-(iv). [CCP 2030. Motion to Compel. A motion to compel is a document filed in a court proceeding asking the judge to force the other party to do something. 136. LECTION AT L X'A~„ INC. Jul 23, 2018 · discovery requests and the production of responsive documents in accordance with FRCP 33 and 34. ) Other written discovery motions California Rules of Court, rule 3. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; Oct 23, 2012 · Yes, if the 45th day falls in a weekend or a holiday, you can file and serve the motion to compel further on the next court day. If the responding party has provided insufficient responses to interrogatories, requests for production of documents, or requests for admission, the requesting party must give notice of motion to compel further responses within 45 days of service of the Jan 29, 2021 · The 45-day time limit is mandatory and “jurisdictional” (court has no authority to grant a late motion). See Vidal Sassoon, Inc. ox ol vm rq yq ux dd ft vo sc