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Explanation: Calendar: 4 Every response to a demand for inspection, copying, testing, or sampling is required to include one of the following three options: (1) a statement of compliance; (2) a representation of an inability to comply; or (3) an objection. The milestone amendment will likely transform the normal course of discovery in California. Proc., 2031.310 (c).). An objection in the response is without merit or too general. Richard E. McGreew (SBN 71889) By objecting and identifying information of a type or category of source or sources CCP 2031.240(b). Riddell cites no authority for such an exception to the statutory requirement of producing a privilege log, and we are aware of none.. I estimate that I grant approximately 90+% of such motions for one simple reason: The responses at issue are not code-compliant. It is the goal of this article to educate both the Bar (as well as perhaps even the Bench) of the common mistakes and pitfalls concerning such formal responses, and moreover, to educate litigators as to how to ensure that their clients formal responses to RPDs are code-compliant., In order to approach this task, it is best to first understand the fundamental purpose of the formal response itself, as opposed to other collateral matters such as the actual production of the documents suffice it to state, they are not the same. 3. Simply put, you need to let the responding party know what happened to any documents you no longer possess.. 11, and production of the redacted responsive documents, as limited by this Court's order herein, shall be served of within . By delaying the filing of the motion the party waives the right to compel further responses. 3 . This hearing concerns the Plaintiffs three discovery motions to compel further responses from the Defendant regarding its written discovery. Departments Release Update on No Surprises Act Independent Dispute FY 2024 H-1B Registration Period Indicates 780,884 Registrations; A Look Back at Key Takeaways from RSA Conference 2023. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. For example, if your client utilizes an inability to comply response, it will certainly be a fair question for opposing counsel to ask: Please tell the (jury or judge) what exactly did you do to conduct the diligent search and a reasonable inquiry in the effort to comply with the demand? Needless to state, this question could be quite embarrassing to your client, especially if it becomes inherently clear that the client could have found such documents if a diligent search and a reasonable inquiry had, in fact, been made. In law and motion practice, factual evidence is supplied to the court by way of declarations. (Code of Civ. Stay up-to-date with how the law affects your life. If an objection is based on a claim that the information sought is protected work product under Chapter 4 (commencing with Section 2018.010), that claim shall be expressly asserted. (amended eff 6/29/09). The inspection demand and the response to it must not be filed with the court.