Motion to Compel Response or Further Response to Deposition Questions
(CA)

Summary

This template is a notice of motion and motion to compel a deponent to respond or further respond to deposition questions. This template may also be used to compel a deponent to produce documents, electronically stored information (ESI), or other things as required by the notice of deposition or subpoena. This template contains practical guidance, drafting notes, and alternate and optional clauses. For a full listing of key content covering motion practice in California state court litigation, see Motion Practice Resource Kit (CA). For a full listing of key content covering depositions in California state court litigation, see Deposition Resource Kit (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). If a deponent fails to answer any question or produce requested documents, ESI, or things during a deposition, the requesting party may file a motion to compel such answer or production described in the deposition notice or subpoena. Cal. Code Civ. Proc. § 2025.480(a). The moving party must demonstrate all of the following: • The deponent failed to answer one or more questions asked at the deposition (and/or failed to produce requested documents, ESI, or other tangible things). • The moving party complied with its obligation to meet and confer. Cal. Code Civ. Proc. §§ 2016.040, 2025.480(b). • The moving party filed its motion to compel further responses within 60 days of completing the record of the deposition. Cal. Code Civ. Proc. § 2025.480(b). The motion to compel must be accompanied by: • A notice of hearing on the motion • A supporting memorandum setting forth the moving party's legal arguments and authorities supporting the motion to compel • A separate statement of questions, answers, and other information in conformance with Cal. Rules of Court, rule 3.1345(c) • One or more declarations setting forth any factual matters detailing the filing party's meet and confer efforts and responses and other facts supporting the motion, as appropriate See Cal. Code Civ. Proc. §§ 2016.040, 2025.480(b)–(c); Cal. Rules of Ct., Rules 3.1112(a), 3.1113, 3.1345(a)(4)–(5). You must also lodge the relevant portions of the certified copy of the deposition transcript with the court at least five days before the hearing on the motion. Cal. Code Civ. Proc. § 2025.480(h). When moving to compel under Cal. Code Civ. Proc. § 2025.480(a), you may also move for a monetary sanction against the opposing party. Cal. Code Civ. Proc. §§ 2023.030(a), 2025.480(j). When ruling on the motion, the court must impose a monetary sanction against the unsuccessful party, person, or attorney unless it finds that the party or other person subject to the sanction acted with substantial justification, or other circumstances make imposing a sanction unjust. Cal. Code Civ. Proc. § 2025.480(j). For a detailed discussion on moving to compel in California, see Motion to Compel Discovery: Making and Opposing the Motion (CA). For a general discussion on motions, see Motion Practice: Drafting, Serving, and Filing Noticed Motions (CA). For related templates, see Motion to Compel Attendance and Testimony at Deposition (CA), Motion to Compel Response or Further Response to Request for Production of Documents or ESI (CA), and Separate Statement in Support of Motion to Compel Discovery Response (CA). For discussions on noticing and taking a deposition, see Depositions: Drafting and Serving a Notice of Deposition (CA) and Depositions: Preparing for and Taking a Deposition (CA). For related templates, see Deposition Notice (Individual Deponent) (CA) and Deposition Notice (Organizational Representative) (CA).