Legal Question in Civil Litigation in California

Ex-parte application

Is it appropriate to do an exparte application for a motion to extend discovery time? If I don't get discovery extended, my cut off time of 30 days before trial will prevent me from being able to get the needed documents from opposing counsel, who is busy abusing the discovery process.

Asked on 1/07/07, 8:01 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Ex-parte application

Unfortunately, that happens a lot to people not represented by an attorney. You might consider filing a motion to compel production or you can notice the deposition of the person who has the documents (not the lawyer, but the client), and require them to produce. That could occur within ten or more days. Then you'll have time to bring a motion if they don't produce at deposition. Just some options. If you bring an ex parte application, you'll have to explain to the court why it was impossible for you to accomplish the same purpose during the normal discovery time (i.e. illness, death in the family, incarceration, etc.).

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Answered on 1/16/07, 4:27 pm

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