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Do you have to wait for 45 days from the day you receive the response from plaintiff with insufficient evidence to do a motion to compel?

 

LA County, California

 

Example:

Sent out BOP

Plaintiff Responded within 10 days with insufficient evidence

Sent another letter out saying to give evidence within 10 days

No response from Plaintiff

 

 

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To file a motion to compel? They have 30 + 5 days for mailing to respond. Then you snd a meet and confer, they hav 10 days plus 5 for mailing after they recipe e that. So it could be 50 or more depending how speedy you were with you're meet and confer.

Don't forget though, if you have an end discovery date, or if a trial is set, you need to tme that with those deadlines also. Some states say no more motions xx number of days before trial, you would need to read your rules on motions.

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Do you have to wait for 45 days from the day you receive the response from plaintiff with insufficient evidence to do a motion to compel?

If you are talking about a response to a BOP, then no, you do not have to wait. You can file a motion "to preclude evidence from trial or in it's alternative to compel a further BOP" anytime (up until about 30 days prior to trial).

If you are talking about a response to discovery, and you wait 45 days from the date of the insufficient response, then it is TOO LATE to file the MTC.

It's not so much that you have to wait a certain amount of days; but that you have to "give notice: of your motion. I think you may be confused on this. If you file a motion to compel, it is a "noticed" motion and you must pick a motion hearing day that is at least 21 days from the day you send a copy of your motion (with the notice date and time of hearing)to the plaintiff's lawyer. (check your local rules for the timing to make sure, it's should be 16 days notice + 5 for the mailing of the motion, so it's 21 days).

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