Having reviewed thousands of Motions to Compel Further Responses over the years, I rely heavily on the separate statement filed with these motions. Unfortunately, I find that many of the separate statements are deficient and not in compliance with Rule 3.1345 of the California Rules of Court. This inevitably hurts the moving party as I search for the information that should have been in the Separate Statement. However, beware, Courts routinely deny these motions when the separate statement fails to be in compliance with CRC, Rule 3.1345.
According to California Rules of Court, Rule 3.1345(a) any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion:
- To compel further responses to requests for admission;
- To compel further responses to interrogatories;
- To compel further responses to a demand for inspection of documents or tangible things;
- To compel answers at a deposition;
- To compel or to quash the production of documents or tangible things at a deposition;
- For medical examination over objection; and
- F or issue or evidentiary sanctions. (Note: not required for terminating sanctions, but is helpful.)
Below is Paragraph (c) of Rule 3.1345(c) with emphasis which makes it clear what information needs to be in your separate statement:
- The separate statement provides all the information necessary to understand each discovery request and all the responses to it that are at issue.
- The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response.
- Material must not be incorporated into the separate statement by reference.
- The text of the request, interrogatory, question, or inspection demand must be included.
- The text of each response, answer, or objection, and any further responses or answers must be included.
- A statement of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute must be included
- The statement must include text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it.
- If the response to a particular discovery request is dependent on the response given to another discovery request, then the other request and the response to it must be included
- If the pleadings, other documents in the file, or other items of discovery are relevant to the motion, the party relying on them must summarize each relevant document.
So, after reviewing the onerous requirements of Rule 3.1345(c) this is an example of what your separate statement should look like for Form Interrogatory #17.1.
MOTION TO COMPEL FURTHER RESPONSE TO FORM INTERROGATORIES
INTERROGATORY 17.1
17.1 Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission:
(a) state the number of the request;
(b) state all facts upon which you base your response.
(c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and
(d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.
- DEFINITIONS:
YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, your experts, your consultants, and anyone else acting on your behalf.
ADDRESS means the street address, including the city, state, and zip code.
PERSON includes a natural person, firm, association, organization, partnership, business, trust, limited liability company, corporation, or public entity.
DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, Photostats, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.
- SUMMARIZATION OF OTHER RELEVANT DOCUMENTS
Summarize all other documents which the particular discovery request is dependent on (i.e., applicable paragraph of the complaint).
and the response verbatim and include all applicable definitions
RESPONSE
State the response verbatim.
WHY A FURTHER RESPONSE SHOULD BE COMPELLED
Do your real argument here. Be detailed in the law as to why the objections are garbage. Apply the facts of your case to show why the information you are seeking is discoverable. Be sure to insert your arguments from the points and authorities
REMEMBER: A Separate statement, when done right, can be a party’s greatest advantage in winning a motion to compel further responses.