What happens when a motion to compel is granted?

Once the court grants the motion to compel, the court will grant the other party a deadline before which the documents or information must be shared. If the person does not respect the order of the court, there may be severe consequences such as the dismissal of the other party’s case or being in contempt of court.

Can a motion to compel be heard without a hearing?

The other party then responds by filing a written response. The court then holds a hearing, where the parties give short oral arguments about the situation. Other motions can be decided without the hearing and just by the motion to compel alone. However, during a hearing or trial, an oral motion can be permitted.

When to file a motion to compel discovery?

A motion to compel is typically filed if a party who has propounded discovery to the opposing party or to a third party thinks that the discovery responses are not sufficient.

When to file a motion to compel or for sanctions?

In considering the timeliness of a motion to compel or for sanctions, the Court considers “such factors as when the movant learned of the discovery violation, how long he waited before bringing it to the court’s attention, and whether discovery has been completed.” Id. at *5 (citing Long v.

When do you have to file a motion for certiorari?

Filing Deadline: The motion must be filed with the court at least sixteen court days prior to the hearing date ( CCP § 1005 Court days are Monday through Friday, excluding court holidays. To determine whether a particular filing date will meet this deadline, start with your desired hearing date and count backward (CCP § 12c) sixteen court days.

When to file motion to compel discovery responses?

If the motion is personally served, the service must be at least sixteen court days prior to the hearing date, the same as the minimum filing deadline. If the motion is served by first-class mail, additional time is added to the calculation, depending on where the mail originates and where it is sent ( CCP § 1005). For example]

How long does it take for a judge to decide a motion?

Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion. Some Judges will mail you a copy of the decision if you give them a self-addressed stamped envelope. Bring one to court.