Separate Statement in Support of Motion to Compel Discovery Response
(CA)

Summary

This template illustrates the format and structure of a separate statement supporting a motion to compel discovery responses 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). Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement, as described below and illustrated by this template. Specifically, a separate statement is required to accompany any of the following motions to compel a discovery response: • Motion to compel further responses to requests for admission • Motion to compel further responses to interrogatories • Motion to compel further responses to a demand for inspection of documents or tangible things • Motion to compel answers at a deposition • Motion to compel or to quash the production of documents or tangible things at a deposition • Motion for medical examination over objection. See Cal. Rules of Ct., Rule 3.1345(a)(1)–(6). Although the Rules of Court are not entirely clear on this point, it is also good practice to submit a separate statement when moving to compel compliance with a demand for inspection under Cal. Code Civ. Proc. § 2031.230(a). Note that, with the court's permission, a party may submit a concise outline of the discovery requests and responses at issue, in lieu of a separate statement. Cal. Rules of Ct., Rule 3.1345(b)(2). A separate statement is also required to accompany a motion for issue or evidentiary sanctions. See Cal. Rules of Ct., Rule 3.1345(a)(7). For a template statement for use in that situation, see Separate Statement in Support of Motion for Discovery Sanctions (Evidentiary or Issue Sanctions) (CA). When no response has been provided to the request for discovery, a separate statement is not required. Cal. Rules of Ct., Rule 3.1345(b). Thus, a separate statement is required when the motion to compel is based on an insufficient response, but not when the responding party has provided no response at all. The information required in the separate statement assists the court in determining whether it is proper to compel a further discovery response in a particular instance. 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 all 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 requested, the following: • The text of the request, interrogatory, question, or inspection demand • 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). 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 to compel 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 to compel discovery responses, see Motion to Compel Discovery: Making and Opposing the Motion (CA). For forms of related motions to compel, see the following: • Motion to Compel Further Response to Requests for Admission (CA) • Motion to Compel Response or Further Response to Deposition Questions (CA) • Motion to Compel Response or Further Response to Request for Production of Documents or ESI (CA)