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Missed Discovery cut off date...


xavi72
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I missed my discovery cut off date as I sent my ROA, SpRog, and document production on 10/21/2011 and my trial date is on 12/8/2011. At this point what would be wise of me to do: Motion to Vacate or an request for an extension of discovery timeline?

I have previously served them with a BOP back in September which of course, they responded with a copy of statements. I also sent them a Meet and Confer to my second request to more information based on the BOP but they did not respond back. It's been more than 1.5 months since they were suppose to respond so I'm not sure if I can file Motion to Compel based on the BOP alone. I've also sent them a CCP 96 notice and will also be subpoenaing their witness.

This is where I'm at in my process but that discovery cut off date is now a big concern for me now as I may not be able to use this in favor of my trial.

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the date I BELIEVE is that you get the the requests in within 30 days prior to trial.

The real thing is to get your CCP 96 and subpoenas going you have to submit your witness list and now would be a good time to start on your trial brief(make sure you do a declaration in support of your brief and that you send a copy to them).

motion in limine for the CCP 454 stuff to exclude evidence outside of what they gave you in response to BoP.

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the date I BELIEVE is that you get the the requests in within 30 days prior to trial.

The real thing is to get your CCP 96 and subpoenas going you have to submit your witness list and now would be a good time to start on your trial brief(make sure you do a declaration in support of your brief and that you send a copy to them).

motion in limine for the CCP 454 stuff to exclude evidence outside of what they gave you in response to BoP.

First off thanks for your great feedback!!! Second, do trial briefs have to be written in pleading paper and filed with the court or just sent to the plaintiff?

Also, is there a timeline for this?

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