Kinsey Law Offices 
Notice Of Motion To Compel Answers At Deposition
 The Firm  For Clients  For Lawyers  Free Stuff Law Library  Legal Links  Lawyer Jokes  Home

 

Sample Only
Use At your Own Risk

 

    (Name, Address Of Party or attorney)
    ____________
    ____________
    ____________
    State Bar No: ______
    (____) _____ - ________
    Attorney for _______ (Or "In Pro Per")

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

 

[PLAINTIFF(S) NAMES]
Plaintiffs,

 

v.
 
[DEFENDANT(S) NAMES]
Defendants
 
 
________________________________
) 
)
)
)
)
)
)
)
)
)
)
CASE NO: _______
 
NOTICE OF MOTION FOR ORDER COMPELING ANSWERS AT DEPOSITION AND FOR SANCTIONS
 
Date: ______
Time: ______
Place: ______
Trial Date: _____

To __________ [name of deponent], __________ [deponent's
attorney], attorney of record for __________ [deponent], and to
__________ [names of other parties or attorneys on whom copies of
deposition notice or subpoena were served]:

PLEASE TAKE NOTICE that at __________ [time], on __________
[date], or as soon after as the matter can be heard, in
__________ [Department _____ or as the case may be] of the
__________ County Superior Court, __________ [court address],
__________ [moving party] will move the court for an order
requiring __________ [deponent] to answer certain questions
propounded at __________ [his or her] oral deposition that
__________ [he or she] refused, without substantial
justification, to answer. This motion is made on the grounds that
__________ [specify, for example: the questions that __________
(deponent) refused to answer were within the scope of permissible
discovery; answers to these questions are essential to the
preparation of __________ (moving party's) case. __________
(Deponent's) refusal to answer the questions listed in the
attached statement of questions and responses in dispute was
without substantial justification]. Pursuant to sections 2025(o)
and 2023(b)(1) of the Code of Civil Procedure, __________ [moving
party] will also seek monetary sanctions of $_____ against
__________ [deponent and his or her attorney or as the case may
be] for reasonable attorney fees and costs incurred in bringing
this motion. Such sanctions are sought on the ground that there
is not substantial justification for __________ [deponent's]
conduct in refusing to answer the questions posed at deposition.

 

The motion will be based on this notice of motion, the
attached memorandum of points and authorities, the declaration of
__________ [name of witness or attorney or as the case may be],
the Statement of Questions and Responses in Dispute, the
transcript of __________ [deponent's] deposition, the record and
files of this case, and any further oral or documentary evidence
introduced at the hearing of this motion.

Dated __________.

__________________________
[Signature]
Attorney for _____________
[moving party]

 The Firm  For Clients  For Lawyers  Free Stuff Law Library  Legal Links  Lawyer Jokes  Home