Filed Answer, Sent Statement of Wintess and Evidence, now what

[GCW]

I filed an answer, then a Request for Statement of Witness and Evidence, all CMRRR. Sunday will be 30 days, the Request for Statement of Witness and Evidence says they have 20 days to respond, nothing heard. WHATS NEXT??

Thanks much

[GCW]

Calawyer, I know you can point me in the right direction here, so I am bumping this up to the top in hopes you will see it Monday.

Thanks all!

[calawyer]

Actually, I am not sure exactly what you are referring to. Usually we send interrogatories, request for documents and requests for admissions. The form interrogatories have a question about witnesses. Is that what you mean?

[bena]

I filed an answer, then a Request for Statement of Witness and Evidence, all CMRRR. Sunday will be 30 days, the Request for Statement of Witness and Evidence says they have 20 days to respond, nothing heard. WHATS NEXT??

Thanks much

California Code of Civil Procedure section 96

http://www.aroundthecapitol.com/code/getcode.html?file=./ccp/00001-01000/90-100

(The request shall be served no more than 45 days or less than

30 days prior to the date first set for trial, unless otherwise

ordered.

If you served the Request for Statement of Witness and Evidence too early, they will legally ignore it.

However, they should respond to interrogatories, request for documents and requests for admissions within 30 days. These requests can be served as soon as you file your answer. After 30 days, you should send a "meet and confer" letter demanding for responses within a deadline. If they still won't respond after a second meet and confer letter, then you can file a motion to compel for discovery.

Edited June 23, 2009 by bena

[GCW]

can someone advise on a meet and confer letter? This is exactly where I am.

Thanks all

[calawyer]

Are you meeting and conferring about the failure to send a witness list pursuant to CCP 96? If so, did you request it more than 45 days before trial?

[bena]

can someone advise on a meet and confer letter? This is exactly where I am.

Thanks all

http://legal-dictionary.thefreedictionary.com/meet+and+confer

meet and confer n. a requirement of courts that before certain types of motions and/or petitions will be heard by the judge, the lawyers (and sometimes their clients) must "meet and confer" to try to resolve the matter or at least determine the points of conflict. This has the beneficial effect of resolving many matters, reducing the time for arguments, and making the lawyers and clients face up to the realities of their positions.

http://california-discovery-law.com/discovery_act_outline.htm

MEET & CONFER DECLARATION

2016 .040. A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.

Here is an example:

Dear Scumbag Attorney:

I am the defendant in the above-referred case. Per the rules in Code of Civil Procedure § 94, your client, LVNV Funding LLC, was served with Request for Production of Documents on Feb 25, 2008, 30 days ago. Although you have filed a Complaint on their behalf, you have not responded to any of my request for Discovery.

This letter asks you to please forward the discovery request to your client as your legal representative duty requires and respond to my requests by Apr 4, 2008.

If I do not receive your response by Apr 4, 2008, I will file a motion in court to obtain compliance and sanctions as provided by Code of Civil Procedure §§ 2030.290 ( and §§ 2023.010. I trust we can keep from wasting the court’s time by your simple cooperation.

Yours truly,

Your "meet and confer" letters will show the judge your good faith attempts of asking plaintiff to respond to your requests.

Edited June 24, 2009 by bena

[bena]

can someone advise on a meet and confer letter? This is exactly where I am.

Thanks all

http://legal-dictionary.thefreedictionary.com/meet+and+confer

meet and confer n. a requirement of courts that before certain types of motions and/or petitions will be heard by the judge, the lawyers (and sometimes their clients) must "meet and confer" to try to resolve the matter or at least determine the points of conflict. This has the beneficial effect of resolving many matters, reducing the time for arguments, and making the lawyers and clients face up to the realities of their positions.

http://california-discovery-law.com/discovery_act_outline.htm

MEET & CONFER DECLARATION

2016 .040. A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.

Your "meet and confer" letters will show the judge your good faith attempts of asking plaintiff to respond to your requests.

Here is an example: (quote the CCP accordingly to what you did request )

Dear Scumbag Attorney:

I am the defendant in the above-referred case. Per the rules in Code of Civil Procedure § 94, your client, LVNV Funding LLC, was served with a Request for Production of Documents on Feb 25, 2008, 30 days ago. Although you have filed a Complaint on their behalf, you have not responded to any of my request for Discovery.

This letter asks you to please forward the discovery request to your client as your legal representative duty requires and respond to my requests by Apr 4, 2008.

If I do not receive your response by Apr 4, 2008, I will file a motion in court to obtain compliance and sanctions as provided by Code of Civil Procedure §§ 2030.290 ( and §§ 2023.010. I trust we can keep from wasting the court’s time by your simple cooperation.

Yours truly,

Edited June 24, 2009 by bena