What is the deadline to file a motion to compel in California?
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What is the deadline to file a motion to compel in California?
45 days
What happens at a motion to compel hearing?
Hearing on Motion to Compel When a motion to compel is filed with the court, a hearing is scheduled. At the hearing, the party that filed the motion will need to tell the judge why the other party should be compelled to do something. Once that happens, that party will not be able to use the documents at trial.
Is motion to compel bad?
If a motion to compel is disobeyed, it can lead to consequences such as: another, more serious court order; fines or fees; other different procedural rulings that may affect the outcome of a case./span>
What happens if the plaintiff does not give me responses to my discovery requests?
The plaintiff must respond by the deadline. There are different ways to make sure you get each kind of discovery if the plaintiff does not give it to you by the deadline. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.
Can you depose someone twice?
There are times when someone may be required to participate in a second deposition, but in the State of California, this generally requires a court order. It may happen if there is a new party that is later added to the case after the original depositions were completed./span>
Can multiple attorneys ask questions at a deposition?
The court reasoned that even though no written rule exists prohibiting two-attorney questioning in depositions in its jurisdiction, it is “typical practice for only one attorney to question a witness at a deposition.”12 The court tempered its holding by explaining that certain “[c]ircumstances may warrant allowing …/span>
What happens when you are deposed?
When you are deposed, you will be brought into a room with attorneys from both sides, sworn in, and a court reporter will record every word you say as you are grilled by lawyers. You will be asked to recall minute details regarding an incident that might have happened months ago./span>
How long after a deposition does it take to settle?
You should expect at least six weeks for a simple case. However, if anything is contested, it could take longer to reach a settlement if one is reached at all. Negotiations are arguably the most variable stage in a lawsuit, so they often take a long time./span>
What percentage of cases settle?
By the Numbers Kiser, principal analyst at DecisionSet, states, “The vast majority of cases do settle — from 80 to 92 percent by some estimates.” Other sources even claim that this number is closer to 97 percent.
