After his rant, I said to him that You Need to file a motion for a protective order. It was clear to me that the discovery was retaliatory, either because the case didnt settle the week before at mediation, or that the opposing counsel was a nut job, or perhaps a little of both. ) (e) If the court finds good cause for the production of electronically stored information List the nature and title of all documents that will be attached (i.e., Memorandum in Support of Motion, Declarations, etc.). Sample verified complaint for financial elder abuse in California. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. 2030.230 Responding Party Does Not Have to Make a Compilation, Abstract, Audit, or Summary of Documents. Click here to review the details. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Thus, a motion for protective order should be denied if it wasn't file within the 30-days to respond. Weve updated our privacy policy so that we are compliant with changing global privacy regulations and to provide you with insight into the limited ways in which we use your data. However, because you have to file the Motion for Protective Order promptly, it is best that you lay out your legal and factual arguments in this letter and drop it into your motion. That the discovery not be had; 2. If the answer to an interrogatory would necessitate the preparation or the making of a compilation, abstract, audit, or summary of or from the documents of the party to whom the interrogatory is directed, and if the burden or expense of preparing or making it would be substantially the same for the party propounding the interrogatory as for the responding party, it is a sufficient answer to that interrogatory to refer to this section and to specify the writings from which the answer may be derived or ascertained. Sample motion to compel deposition subpoena in california, Sample California motion to compel attendance at deposition, Sample California motion for attorney fees after judgment. A motion for protective order must be accompanied by a declaration stating facts showing a good faith attempt at an informal resolution of each issue presented by the motion. Notice of Motion and Motion. We typically see a motion for protective order in the context of depositions. be extended. 10 15 the sanction unjust. (2) The discovery sought is unreasonably cumulative or duplicative. The sample on which this preview is based is 15 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. (a) Without leave of court, a party may serve an amended answer to any interrogatory that contains information subsequently discovered, inadvertently omitted, or mistakenly stated in the initial interrogatory. This sample motion for a protective order regarding special interrogatories in California is made pursuant to Code of Civil Procedure section 2030.090 and is used when the propounding party has propounded more than 35 special interrogatories without attaching the declaration for additional discovery required, and that the interrogatories are clearly not relevant to any claim or defense involved in the action and are unduly burdensome and oppressive. ) terms are defined by California Evidence Code Sections 250, 255, and 260, which have been . Step 7: Draft and Prepare Motion for Protective Order. Your meet and confer letter should offer a compromise to resolve the issue such as Let me know what information you are trying to obtain, and I will try to work with you. or Because this is a difficult case with multiple parties, I suggest that we stipulate to a discovery referee to work with us. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (h) Except as provided in subdivision (i), the court shall impose a monetary sanction Can a Motion for Protective Order be Filed after the Court has Issued its Order? In civil litigation, an order that prevents the disclosure of certain information. (c) The party or affected person who seeks a protective order regarding the production, Sample Motion for Protective Order Regarding Interrogatories for California, This sample motion for a protective order regarding special interrogatories in California is made pursuant to Code of Civil Procedure section 2030.090 and is used when the propounding party , 50% found this document useful, Mark this document as useful, 50% found this document not useful, Mark this document as not useful, Save Sample Motion for Protective Order Regarding Inter For Later, Superior Court of the State of California, as th mattr ma" # har$, %n D&artmnt ________ o! Unfortunately, in many cases like the above scenario, you are going to have to file a motion for protective order. Any Defendant, On motion, with or without notice, the court may relieve the party from this requirement on its determination that service on all other parties would be unduly expensive or burdensome. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. And, unless prejudice is shown . Motion for Protective Order ( 2025.420, 2019.030) 4. move for a protective order. 2030.040 Declaration For Additional Special Interrogatories, Option of Seeking Protective Order. (4) That the inspection, copying, testing, or sampling be made only on specified terms California Code of Civil Procedure section 2016.040 requires that parties meet and confer in a "reasonable and good faith attempt at an informal resolution of each issue presented by the [discovery] motion." . Do not sell or share my personal information, 1. (d) Sequence and Timing of Discovery. (2) The responding party has failed to show substantial justification for the initial answer to that interrogatory. (b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the propounding party. (a) The party propounding interrogatories and the responding party may agree to extend the time for service of a response to a set of interrogatories, or to particular interrogatories in a set, to a date beyond that provided in Section 2030.260. (g) If the motion for a protective order is denied in whole or in part, the court 24 RECORD HEREIN: (a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following: (1) An answer containing the information sought to be discovered. Whatever the reason behind this absurd amount of discovery, he needed to file a motion for a protective order. The Supreme Court reversed a decision of the California Court of Appeal that would have precluded PAGA plaintiffs from obtaining the contact information of other potentially aggrieved employees beyond the discrete location at which they work (ed) without first making a threshold evidentiary showing that (a) they were aggrieved employees and (b) or undue burden and expense. Who May Apply for Order. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. (7) That some or all of the answers to interrogatories be sealed and thereafter opened only on order of the court. REMEMBER this declaration needs to be from the attorney who has personal knowledge of what has been happening on the discovery. Note that the author is NOT an attorney and no guarantee or warranty is provided. (a) Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including but not limited to one or more of the following: 1. (b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, the party to whom the interrogatories are propounded shall have five days from the date of service to respond, unless on motion of the propounding party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (3) That the time specified in Section 2030.260 to respond to the set of interrogatories, or to particular interrogatories in the set, be extended. Court days means Monday through 5 6 Friday, except for Court holidays. For designating discovery material confidential after a party inadvertently produces it. (2) That the time specified in Section 2031.260 to respond to the set of demands, or to a particular item or category in the set, (including a sample order on a motion to compel) and obtaining discovery sanctions, turn to CEB's comprehensive practice guide . Activate your 30 day free trialto continue reading. DISC-004 Form Interrogatories- Limited Civil Cases (Economic Litigation) DISC-003 Form Interrogatories- Unlawful Detain er. Responses to interrogatories must be in compliance with Code of Civil Procedure section 2030.220 which states in pertinent part: (a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following: (1) An answer containing the information sought to be discovered . Sample opposition to motion for new trial in United States District Court, Sample notice of change of address for California civil case, Sample notice of change of address for California divorce, Sample stipulation and order to appoint discovery referee in California, Sample complaint for rescission of contract in California. Read it and weep--Inadvertent Disclosure of Privileged Documents, Day v. Rosenthal (1985) 170 CA3d 1125, 1171 (pdf). CEB Judges Perspective at 15.72 gives the best advice: The proposed order is a means for the advocate to frame for the court exactly the relief the moving party wants., e.g., who be excluded from a deposition or which requests the moving party must answer when a challenge to a declaration of necessity is sustained. What I realized was that he really didnt know what was necessary to bring a motion for protective order. Rant, I said to him that you Need to file a for... From the attorney who has personal knowledge of what has been happening on the discovery sought is unreasonably cumulative duplicative! We typically see a motion for protective order ( 2025.420, 2019.030 ) 4. motion for protective order interrogatories california a. Blog Site you understand that there is no attorney client relationship between you and Blog/Web! Protective order should be denied if it wasn & # x27 ; t file within the 30-days to respond shall. 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