How long do I have in California, after having sent a discovery interrogatory to a plaintiff for request of documents, before I can file a motion to compel based on them not answering my discovery. I sent it certified return receipt postal service?
Is it 30 days or 30 + 5 because of the mailing.

I am not a lawyer, but in most states, it is 30 days + 3 days for mail. You should be able to file a motion to compel after that time, and request a court date.

When you say that I should be able to request a court date, what exactly does it represent? The reason I say so is because I already have a court date set. The only thing is that they are probably not going to answer discovery interrogatory in the allowed time. Thanks for your reply.

Here is the Statute: http://litigationbythenumbers.com/Ch2calendaringexcerpts.pdf

I am not a lawyer, but in most states, it is 30 days + 3 days for mail. You should be able to file a motion to compel after that time, and request a court date.



We take pride in our answers on the legal boards. Please give the Statute when you quote "in most States" or similar information.

You are apparently in a State where this type of request can be made before a Court date is scheduled. Not all States are the same, including California.

Judy,



Thanks for the valuable information. Basically, it is 30 + 5 if mailed and add court holidays correct? To be on the safe side I will wait 37 days then file a motion to compel. Do you aggree with me?


struck78