Should I file blank court order form with Notice of Motion to Deem RFA Admitted?

[iamHankster]

What is the name of your state (only U.S. law)? California

Hi,

I had served on opposing party two discovery-related notifications: Notice of Motion to Compel Responses to and Production of Documents as well as Notice of Motion to Deem Requests for Admissions Admitted. I had previously scheduled a hearing date in the appropriate court department.

After such service, I filed the two notifications. Each included a declaration, memorandum of points and authorities, proof of service and exhibits.

Along with the aforementioned filings, should I have also included a partially completed form upon which the judge could write any resulting orders?

If so:
1. What is the name of such a form?
2. Can I still file that form for each set of notifications which is already on file?

Thank you,

iamHankster

 

[tranquility]

Keep your questions in the related thread.

 

[gator1]

...I had served on opposing party two discovery-related notifications: Notice of Motion to Compel Responses and Production of Documents as well as Notice of Motion to Deem Requests for Admissions Admitted. I had previously scheduled a hearing date in the appropriate court department...

...Along with the aforementioned filings, should I have also included a partially completed form upon which the judge could write any resulting orders?...

You should have included a proposed "Order" for the judge to sign, and tailored with an assumption you may not get all you are asking for. For that you might search online using keywords such as "proposed order", "deemed admissions", "order on motion to compel" or whatever. Though not always easy to find, there are often pdf files of pleadings made by attorneys floating around the internet. It is not complicated and can often be done on one or two pages.

You should also have proposed orders on your motion to compel for the judge to sign.

You may still file and serve a copy of these to defendant prior to the hearing. A well written proposed order makes it clear to opposing party exactly what they can expect if they lose, and makes it easy for the judge to make any adjustments and sign it and be done with it. If you do not have a proposed order at the hearing, you will likely walk out of your hearing without a signed order in hand, and it will take more effort to get it later.

It's far from a given at this stage that the judge will grant your motion to deem admissions as admitted. California statutes allow a party to file it prior to the hearing, and the statutes are open ended enough to allow the judge to deny the motion if the party can successfully argue "their failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect". Judges are often unwilling to deem admissions admitted if those amount to a death penalty sanction, without first imposing lesser sanctions. So you need to have that contingency in your proposed order that the judge may simply order the defendant to file his admissions.

 

[iamHankster]

Much appreciated reply

gator1,


I always look forward to clear and concise replies and solutions when I seek assistance. Your response was certainly of that nature.

I shall promptly include your suggested proposed orders within my filings.


Thank you,

iamHankster