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    struck78's Avatar
    struck78 Posts: 5, Reputation: 1
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    #1

    Aug 20, 2009, 10:34 AM
    Motion to compel.
    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.
    cstressedmom's Avatar
    cstressedmom Posts: 3, Reputation: 1
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    #2

    Aug 22, 2009, 08:19 AM

    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.
    struck78's Avatar
    struck78 Posts: 5, Reputation: 1
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    #3

    Aug 22, 2009, 12:39 PM
    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 22, 2009, 03:19 PM

    Here is the Statute: http://litigationbythenumbers.com/Ch...ngexcerpts.pdf
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 22, 2009, 03:21 PM
    Quote Originally Posted by cstressedmom View Post
    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.
    struck78's Avatar
    struck78 Posts: 5, Reputation: 1
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    #6

    Aug 22, 2009, 11:54 PM
    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
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