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  1. #1
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    Jun 2012
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    Question Motion to Compel and Motion to Have Requests for Admission Admitted

    My question involves court procedures for the state of: CA

    What is the procedure for filing Motion to Compel and Motion to Have Requests for Admission Admitted?

  2. #2
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    May 2011
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    Default Re: Motion to Compel and Motion to Have Requests for Admission Admitted

    It would help to know just a little more about the nature of your case. Nothing specific or personal, just some idea of what kind of case it is would help.

    They are two different processes. A motion is drawn up in the proper form, filed with the court and a copy sent to the other party. Think of it as a request for a ruling from the judge. You can Google for an example of such a motion.

    A request for admissions doesn't need to go through the court. You can send it directly to the opposing party. There will be a proper form for that which you'll probably find via Google (maybe just an example of one,) and some time constraints. Check your local rules to see what the earliest and latest dates you can send the request are, and how much time the other party has to answer it. If they don't answer it in the time allowed by the rules, you can file a motion to compel. A request for admissions is part of Discovery.

  3. #3
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    Default Re: Motion to Compel and Motion to Have Requests for Admission Admitted

    Thank you very much for your answer, cmre3456.

    My case is a limited civil case against a nursing home. I am suing them for the illegal eviction and neglect of my mother.

    I served them a special interrogatory and requests for admission. I gave them 30 days. It has been already 20 days, so they still have time but I am getting prepared to act on the 31st day.

    I have already templates for these motions. My question specifically is: how do I proceed with them? What I know is that first I need to call a civil clerk and obtain a date for a hearing. Then serve the defendant with these motions. The service has to be at least 16 days before the hearing. If they don't show up, these motions will be accepted. Am I right in how this process is supposed to go?

  4. #4
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    Default Re: Motion to Compel and Motion to Have Requests for Admission Admitted

    Quote Quoting Plaintiff
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    Thank you very much for your answer, cmre3456.

    My case is a limited civil case against a nursing home. I am suing them for the illegal eviction and neglect of my mother.

    I served them a special interrogatory and requests for admission. I gave them 30 days. It has been already 20 days, so they still have time but I am getting prepared to act on the 31st day.

    I have already templates for these motions. My question specifically is: how do I proceed with them? What I know is that first I need to call a civil clerk and obtain a date for a hearing. Then serve the defendant with these motions. The service has to be at least 16 days before the hearing. If they don't show up, these motions will be accepted. Am I right in how this process is supposed to go?
    The two things you mentioned expect written reponses and not a hearing or meeting. If they don't respond appropriately by the deadline you'd file a motion to compel. I believe the judge would appreciate it if you waited a few days. For one thing, be sure you know how days are counted according to your specific court's rules. Some don't count weekends or holidays for instance, so "30 days" might be more like 6 weeks in some places.

    Don't embarass yourself (as I did once) by filing a motion prematurely. I filed for a default judgment on an entire civil suit by counting days incorrectly, LOL and had to withdraw the motion in writing and apologize in my withdrawal to the judge.

  5. #5
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    Default Re: Motion to Compel and Motion to Have Requests for Admission Admitted

    Thank you very much! I will call the court to find out how they calculate days. Yes, I know they should send written responses.

    The question is: I have to schedule a hearing before serving them with the motion, right?

  6. #6
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    Default Re: Motion to Compel and Motion to Have Requests for Admission Admitted

    Quote Quoting Plaintiff
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    The question is: I have to schedule a hearing before serving them with the motion, right?
    If you have an actual case in progress then no, you don't need a hearing unless you want to take an oral deposition. You don't need a meeting or leave of the court to send written requests for admissions or interrogatories. Be sure to find some sample requests because there is some wording like "continuing" request you'd want in there. There's also the proof of service statement, case number, etc.

  7. #7
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    Default Re: Motion to Compel and Motion to Have Requests for Admission Admitted

    I don't think you understand my question. I already sent interrogatories and requests for admission. I am preparing for the next step, if they don't respond. I already have motions prepared. What I want to know is if I have to schedule a hearing with a civil clerk before I have them served to the defendant?

  8. #8
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    May 2011
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    Default Re: Motion to Compel and Motion to Have Requests for Admission Admitted

    Quote Quoting Plaintiff
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    I don't think you understand my question. I already sent interrogatories and requests for admission. I am preparing for the next step, if they don't respond. I already have motions prepared. What I want to know is if I have to schedule a hearing with a civil clerk before I have them served to the defendant?
    No. Serve your motions to compel and file a copy with the clerk. Here, "serving" would be to send them by regular mail, with a certification of that at the bottom of the motion. I have to spell it out as in "I certify that I served a copy of this motion to ___________ on date___________at address______________ by placing it in the regular US mail with proper postage attached." Date_______________ My sig________________

    When you take your copy to the clerk, take extra copies. The clerk may or may not want you to have signed the court's copy. There is something about duplicates not wanted, and I've had the clerk stamp a signed copy "Not Service Copy."

  9. #9
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    Default Re: Motion to Compel and Motion to Have Requests for Admission Admitted

    Thank you very much!

  10. #10
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    May 2011
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    Default Re: Motion to Compel and Motion to Have Requests for Admission Admitted

    Quote Quoting Plaintiff
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    Thank you very much!
    You're welcome. Ask your clerk what your service requirements are. I know only that here and many places it's by regular mail. Here, registered mail isn't even allowed because it could get returned if no one signed for it in time.

    Find out what yours is.

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