Legal Question in Civil Litigation in California

Does filing a cross complaint in a case where the discovery is closed (trial was vacated but no new trial date) reopen discovery of the entire case, or just on the cross-compliant?


Asked on 4/14/21, 6:01 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

It doesn't reopen discovery at all, automatically. If a trial date was set, it must be too late to file a cross-complaint without leave of court. Whether and to what extent discovery is reopened is a matter to be addressed as part of the motion or opposition to the motion for leave to file the cross-complaint.

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Answered on 4/17/21, 12:53 am


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