information, even from a source that is reasonably accessible, if the court determines (a) The interrogatories and the response thereto shall not be filed with the court. This sample California motion for a protective order regarding special interrogatories is made pursuant to Code of Civil Procedure 2030.090 and is used when the propounding party has propounded more than 35 special interrogatories without attaching the declaration for additional discovery required, and that the interrogatories are clearly not Defendants' Motion for Protective Order HILL, Raynard B. v. Chudy, et al. Protective Order. This sample opposition to a motion for a protective order for interrogatories in California is filed on the grounds that (1) the moving party has failed to meet their burden of showing good cause for the protective order, (2) the information sought by the interrogatories is clearly relevant to the issues involved in this case as it relates to the claim or defense of the moving party and therefore meets the relevancy standard imposed by Code of Civil Procedure section 2017.010, (3) that the interrogatories are not overbroad and oppressive or vague and ambiguous, and (4) that the interrogatories are not excessive and were served with a valid, executed declaration for additional discovery in compliance with Code of Civil Procedure sections 2030.040(a) and 2030.050. (a) Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including but not limited to one or more of the following: 1. 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. MOTION to strike or in the alternative, Motion for Protective Order Regarding Untimely Served Discover Requests by Whitney Information Network, Inc.. (Birken, Shawn) Download PDF Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. (a) Subject to the right of the responding party to seek a protective order under Section 2030.090, any party who attaches a supporting declaration as described in Section 2030.050 may propound a greater number of specially prepared interrogatories to another party if this greater number is warranted because of any of the following: 95.) 2030.040 Declaration For Additional Special Interrogatories, Option of Seeking Protective Order. The sample on which this preview is based is 15 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. A-Z, Form (Long Decl 6, Ex. Step 7: Draft and Prepare Motion for Protective Order. (b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, the party to whom the interrogatories are propounded shall have five days from the date of service to respond, unless on motion of the propounding party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response. ) | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2031-060/. 9____________ !or th%r #)atant !a%)+r an$ r!+sa) to mt an$ *on!r %n a rasona#), ro+n$s that ____________ &ro&o+n$$ mor than /3 s&*%a))" &r&ar$ %ntrroator%s %tho+t, %n*)+$%n th s+&&ort%n $*)arat%on r1+%r$ #" )a, an$ has &ro&o+n$$, %ntrroator%s that *)ar)" $o not r)at to th *)a%m, an" othr &art" to th a*t%on as r1+%r$ #", ro+n$s that th %ntrroator%s ar +n$+)" #+r$nsom, Th mo'%n &art" !+rthr r1+sts &+rs+ant to. . You can read the details below. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. As with the motion for . (a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. See e.g., Weil & Brown, California Practice Guide: Civil directions: (1) That all or some of the items or categories of items in the demand need not be I am (a party to this action or proceeding appearing in propria persona) (presently the attorney for __________, a party to this action or proceeding). At that time, both originals may be destroyed, unless the court on motion of any party and for good cause shown orders that the originals be preserved for a longer period. Prac. ) turkey club sandwich nutrition Uncovering hot babes since 1919.. motion for summary judgment california deadlines. if the demanding party shows good cause, subject to any limitations imposed under Sample motion to vacate stipulation in California, Sample motion to vacate default under Rule 55(c) in United States District Court, Sample motion to vacate sister state judgment in California, Sample small claims transfer declaration for California. 2030.410. Similarly, the subpoena recipient may file a motion to quash or modify the subpoena in the court where compliance is required. 24 If there is a request for sanctions, state your hourly rate. the basis that the information is from a source that is not reasonably accessible A motion for a protective order can aid the defense by limiting the scope of the discovery process, but it can also lead to sanctions if it is deemed unwarranted or even frivolous. That improper purpose was confirmed, the court . (a) If only a part of an interrogatory is objectionable, the remainder of the interrogatory shall be answered. )" Additionally, if a party . Plaintiff, Case No. Describe in detail that the information opposing counsel has already obtained through discovery is sufficient to proceed in trial and that (as in the case of the above example) the discovery is retaliatory for not settling. OPPOSITION TO MOTION FOR PROTECTIVE ORDER-REQUESTS FOR DOCUMENTS f 1 to your particular situation. In considering a motion for a protective order under the California Code of Civil Procedure 2019, a Virginia district court emphasized the need for plaintiffs to describe trade secrets with sufficient particularity, before discovery would be permitted. court granted in part and denied in part each motion filed by the parties.6 A protective order was entered later on that day.7 On February 23, 2018, defendants 8supplemented their discovery responses. See C.C.P 2017.020 (pdf) . protective order subpoena californiaNitro Acoustic. ) The terms of the civil protection order or consent agreement to be modified or terminated are: 2. 203025) BRADLEY J. HERREMA (State Bar No. accessible because of undue burden or expense, the court may nonetheless order discovery As per Rule 26 (C) of Federal Rules of Civil Procedure, a party or any person from whom discovery is sought may move the court for a protective order. HINT: See CEB California Civil Discovery Practice 4th edition Section 15.59 for an extensive discussion on Protective Order and CEB Section 6.142-6.144 for a sample motion for protective order. REMEMBER this declaration needs to be from the attorney who has personal knowledge of what has been happening on the discovery. On motion, with or without notice, the court may relieve the party from this requirement on its determination that service on all other parties would be unduly expensive or burdensome. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 228976) BROWNSTEIN HYATT FARBER SCHRECK, LLP 21 East Carrillo Street Santa Barbara, California 93101 Telephone No: (805) 963-7000 Facsimile No: (805) 965-4333 For more information about protective orders in federal court, see, Enter to open, tab to navigate, enter to select, https://content.next.westlaw.com/practical-law/document/I0f9fbe36ef0811e28578f7ccc38dcbee/Protective-Order?viewType=FullText&transitionType=Default&contextData=(sc.Default), Practice Note, Protective Orders: Overview (Federal). A motion for protective order must be accompanied by a declaration stating facts showing a good faith attempt at an informal resolution of each issue presented by the motion. Disclaimer: These codes may not be up to date. 3:16-cv-721, 2018 WL 4677783, at *3 (W.D. Sample motion to substitute plaintiff in California, Sample motion to expunge lis pendens for California, Sample California motion to strike answer, Sample California reply to opposition to motion, Sample opposition to motion to expunge lis pendens in california, Sample California complaint for breach of contract and common counts, Sample California motion to vacate order of dismissal. (7) That some or all of the answers to interrogatories be sealed and thereafter opened only on order of the court. See California Civil Discovery Practice (CEB 4th Ed. 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. The motion must be accompanied by a declaration stating facts showing a "reasonable and good faith attempt" to resolve the matter outside of court. What I realized was that he really didnt know what was necessary to bring a motion for protective order. (b) An interrogatory may relate to whether another party is making a certain contention, or to the facts, witnesses, and writings on which a contention is based. (c) If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party. An interrogatory is not objectionable because an answer to it involves an opinion or contention that relates to fact or the application of law to fact, or would be based on information obtained or legal theories developed in anticipation of litigation or in preparation for trial. Motion for Protective Order Superior Court of California Los Angeles Timing Bring Motion "Promptly" Regarding depositions, interrogatories, requests for production, and requests for admission, a party bringing a motion for protective order must do so "promptly" after the need for the protective order arises. The Discovery Act provides that one of the main purposes of a protective order is to prevent a party from harassing another party with burdensome and unnecessary discovery. Do not have a junior attorney sign the declaration unless he or she was the one in charge of the discovery. Sacramento, CA 95825, 4600 Northgate Blvd. This number of questions is warranted under Section 2030.040 of the Code of Civil Procedure because __________. These local rules are promulgated pursuant to 28 U.S.C. You need to look like the reasonable one!! Proc. (a) In addition to the number of interrogatories permitted by Sections 2030.030 and 2030.040, a party may propound a supplemental interrogatory to elicit any later acquired information bearing on all answers previously made by any party in response to interrogatories. Click here to review the details. vs. (b) This agreement may be informal, but it shall be confirmed in a writing that specifies the extended date for service of a response. 19 I have previously propounded a total of __________ interrogatories to this party, of which __________ interrogatories were not official form interrogatories. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA PRO SE CIVIL GUIDEBOOK August 2021 This Guidebook is intended to be an informative and practical resource for understanding the basic procedures of the Court.The statements in this Guidebookdo not constitute legal advice. Sample California motion for leave to amend pleading. 26 Feb Feb For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (b) The court, for good cause shown, may make any order that justice requires to protect 2030.410 Use of Interrogatory Answers at Trial. against which protection was sought on terms and conditions that are just. CCP 2017.020 (a) (amended eff 1/1/13); CCP 2019.030 (b); CCP 2016.040. ) Enjoy access to millions of ebooks, audiobooks, magazines, and more from Scribd. Code Civ. (a) A party may propound to another party either or both of the following: (1) Thirty-five specially prepared interrogatories that are relevant to the subject matter of the pending action. 2030.220 Requirement for Appropriate Response if Responding Party Does Not Have Adequate Information. (c) Unless a declaration as described in Section 2030.050 has been made, a party need only respond to the first 35 specially prepared interrogatories served, if that party states an objection to the balance, under Section 2030.240, on the ground that the limit has been exceeded. 3/1/12 Each of the five defendants served verified responses. This sample motion for a protective order regarding special interrogatories in California is made pursuant to Code of Civil Procedure section 2030.090 and is used when the propounding party has propounded more than 35 special interrogatories without attaching the declaration for additional discovery required, and that the interrogatories are clearly not relevant to any claim or defense involved in the action and are unduly burdensome and oppressive. as the matter may be heard, in Department ________ of the above-entitled court, located at Responding to Interrogatories [CCP 2030.210 2030.310]. You are entitled to sanctions pursuant to C.C.P 2017.020 (pdf)and 2023.010(c) (pdf)as well as the other individual written discovery statutes for this type of discovery abuse. of the issues in the litigation, and the importance of the requested discovery in (6) That the items produced be sealed and thereafter opened only on order of the court. Rule 26(d): Provides the timing and sequence of discovery. P. 83. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Activate your 30 day free trialto unlock unlimited reading. (b) A plaintiff may propound interrogatories to a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first. Being the number one source of free legal information and resources on the discovery Option Seeking. 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