In order to obtain a protective order, a party must show that it needs to be protected from “unwarranted annoyance, embarrassment, or oppression or undue burden and expense.” See C.C.P. Make sure you comply with CRC 3.1110 (pdf). List the nature and title of all documents that will be attached (i.e., Memorandum in Support of Motion, Declarations, etc.). If you are seeking sanctions it must be in the Notice. Also, make sure to list the nature and tile of all documents to be attached. So make sure you state the exact remedy you’re seeking in detail. The notice is to tell the court and opposing party not only the name, date, time and location of the motion, but the “nature of the order sought” as well. See California Civil Discovery Practice (CEB 4th Ed. You can bring an ex parte application for an order to have the motion be heard on shortened time. Guide: Civil Procedure Before Trial (TRG 2010) ♨:1013. ![]() ![]() You must bring the motion promptly and before the 30-day within which to respond to the written discovery, because otherwise the grounds for objection may be waived. Unfortunately, in many cases like the above scenario, you are going to have to file a motion for protective order. Your meet and confer letter should offer a compromise to resolve the issue such as “ Let me know what information you are trying to obtain, and I will try to work with you.” or “ Because this is a difficult case with multiple parties, I suggest that we stipulate to a discovery referee to work with us” However, because you have to file the Motion for Protective Order promptly, it is best that you lay out your legal and factual arguments in this letter and drop it into your motion. This discovery motion, like many of the discovery motions, require you to meet and confer in good faith. REASONABLE GOOD FAITH ATTEMPT TO RESOLVE INFORMALLY To bring (and succeed on) a Motion for Protective Order you must do four things: Nor did he know that, unlike motion to compel further responses, it is not that difficult or time consuming to prepare one. What I realized was that he really didn’t know what was necessary to bring a motion for protective order. I again said in more stern voice “YOU NEED TO FILE A MOTION FOR A PROTECTIVE ORDER!! The lawyer then hemmed and hawed on how long it would take, the court may not grant it, there was so much to do in the case and on and on with the excuses. Whatever the reason behind this absurd amount of discovery, he needed to file a motion for a protective order. ![]() On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each of her three plaintiffs, a separate set of 50 specially prepared interrogatories, 35 requests for documents, 70 requests for admissions and 17.1 of the Form Interrogatories for a total 750 specially prepared interrogatories and 525 requests for documents, 1050 requests for admissions and 4200 responses to Form Interrogatory 17.1 equaling 6525 discovery requests to be responded to 30 days before trial.Īfter his rant, I said to him that “You Need to file a motion for a protective order.” It was clear to me that the discovery was retaliatory, either because the case didn’t settle the week before at mediation, or that the opposing counsel was a nut job, or perhaps a little of both. ![]() Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July.
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