* Legal research and argument if a proper privilege log was not served with the response. * Is there a history of discovery abuse that needs to be delineated in the procedural history? * Are the facts of the case complex enough (and important enough) that the court should be educated to understand the motion in context? * Locating an example of a notice to use as a template and drafting a compliant notice pursuant to CRC, Rule 3.1110. So, before you give your estimate regarding the cost of a motion to compel further responses to your client, consider the following in your calculations: These motions can take anywhere from 15 to over 50 hours.
In the majority of cases, the above estimate is not realistic. Sanctions, including how much sanctions, against whom, whom to be paid to and when they are to be paid. All relief you are seeking from the court including overruling of the objections and compliance dates.ī. Delineating the meet and confer process. Describing in detail the amount of attorney time and expenses in calculating sanctionsĪ. Describing why the documents are necessary for your case.Ĭ. Authenticating each document attached as an exhibitī.
Motion to compel example code#
Cal Code Civ Proc § 2031.310(b)(3)ĪTTORNEY DECLARATION TO SUPPORT OF YOUR MOTION. Concise outline of the discovery request and each response in dispute. SEPARATE STATEMENT OF ITEMS IN DISPUTE 1 hour for every 10 requestsĪ. * Delineate what you are requesting the court to award you * Calculation of your Hourly Rate x Hours Spent on the Motion + Costs. * What happened during the meet and confer process. * Why these documents are important to your case.
Procedural History regarding the Discovery in issue MEMORANDUM OF POINTS AND AUTHORITIES: 3 – 5 hoursĬ. Most attorneys underestimate the time and cost in filing a Motion to Compel Further Responses.īelow is an example of how much time a SKELETON Motion to Compel Further Responses to Requests for Production of Documents would take. Two of the factors you are going to have to consider are how much time it’s going to take to prepare the motion as well as the cost to your client.
Motion to compel example trial#
Now you have to decide whether (1) you need to bring a Motion to Compel Further Documents because the documents are an integral part of the defense and/or prosecution of your case, or (2) wait for trial and make a motion in limine to exclude the documents categorically at trial.
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