Separate Statement in Support of Motion for Discovery Sanctions
(Evidentiary or Issue Sanctions) (CA)

Summary

This template illustrates the format and structure of a separate statement supporting a motion for imposition of evidentiary or issue sanctions for discovery abuse in a civil action in California superior court. This template includes practical guidance, drafting notes, and optional paragraphs. 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). A motion for issue or evidentiary sanctions, and most motions to compel discovery, must be accompanied by a separate statement, as described below and illustrated by this template. See Cal. Rules of Ct., Rule 3.1345(a)(1) – (7). A motion seeking an issue or evidence sanction usually follows an order compelling discovery, if a party has failed to obey the order. The purpose of a separate statement in this context is to demonstrate, by reference to specific requests for discovery, why it is appropriate to impose, as a sanction for failure to comply with those requests, an order that requires certain facts to be deemed established or prohibits a party from introducing certain matters into evidence. The separate statement is a separate document filed and served with the motion. It must set forth all the information necessary to understand each discovery request at issue in the motion and the responses to that request. The separate statement must be full and complete, so that no person is required to review any other document in order to determine the full request and the full response. Material may not be incorporated into the separate statement by reference. Cal. Rules of Ct., Rule 3.1345(c). The separate statement must include, for each discovery request (i.e., deposition question, interrogatory, request for admission, or request for production) to which a further response is (or was) requested, the following: • The text of the request • The text of each response, answer, or objection, and any further responses or answers • A statement of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute • If necessary, the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it • If the response to a particular discovery request is dependent on the response given to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary are based on the response to some other discovery request, the text of the other request and the response to it • If the pleadings, other documents in the file, or other items of discovery are relevant to the motion, a summary of each relevant document by the party relying on the document. Cal. Rules of Ct., Rule 3.1345(c). With the court's permission, in lieu of a separate statement, a concise outline of the disputed requests and responses may be submitted. Cal. Rules of Ct., Rule 3.1345(b)(2). The separate statement should generally be formatted like other documents filed in court. See Formatting Rules in Court Checklist (CA). As noted above, the statement must be served and filed with the motion for evidence or issue sanctions but is a separate document from the motion and other accompanying papers. For discussion of filing and service procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA). For more information on motions for discovery sanctions, see Motion for Discovery Sanctions: Making and Opposing the Motion (CA). For a template of motion, see Motion for Discovery Sanctions (CA).