2004 California Rules of Court

Rule 335. Format of discovery motions

(a) [Separate statement required] Any motion involving the content of a discovery request or the responses to such a request shall be accompanied by a separate statement. The motions that require a separate statement include:

(1) a motion to compel further responses to requests for admission;

(2) a motion to compel further responses to interrogatories;

(3) a motion to compel further responses to a demand for inspection of documents or tangible things;

(4) a motion to compel answers at a deposition;

(5) a motion to compel or to quash the production of documents or tangible things at a deposition;

(6) a motion for medical examination over objection; and

(7) a motion for issue or evidentiary sanctions.

(Subd (a) amended effective July 1, 2001; previously amended effective July 1, 1987, January 1, 1992, and January 1, 1997.)

(b) [Separate statement not required] A separate statement is not required when no response has been provided to the request for discovery.

(Subd (b) adopted effective July 1, 2001.)

(c) [Contents of separate statement] A separate statement is a separate document filed and served with the discovery motion that sets forth all the information necessary to understand each discovery request and all the responses to it that are at issue. The separate statement shall be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Material shall not be incorporated into the separate statement by reference. The separate statement shall include-for each discovery request (e.g., each interrogatory, request for admission, deposition question, or inspection demand) to which a further response, answer, or production is requested-the following:

(1) the text of the request, interrogatory, question, or inspection demand;

(2) the text of each response, answer, or objection, and any further responses or answers;

(3) a statement of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute;

(4) if necessary, the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it;

(5) if the response to a particular discovery request is dependent on the response given to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary are based on the response to some other discovery request, the other request and the response to it must be set forth; and

(6) if the pleadings, other documents in the file, or other items of discovery are relevant to the motion, the party relying on them shall summarize each relevant document.

(Subd (c) repealed and adopted effective July 1, 2001.)

(d) [Identification of interrogatories, demands, or requests] A motion concerning interrogatories, inspection demands, or admission requests shall identify the interrogatories, demands, or requests by set and number.

(Subd (d) relettered effective July 1, 2001; adopted as subd (b) effective January 1, 1984; previously amended effective July 1, 1987; previous subd (d) repealed effective July 1, 2001.)

Rule 335 amended effective July 1, 2001; adopted effective January 1, 1984; previously amended effective July 1, 1987, January 1, 1992, and January 1, 1997.

Drafter's Notes
 

1997-Rule 335 was amended to permit the incorporation by reference of identical responses to discovery requests.

2001-Rules 335 and 341 (Discovery rules). Amended rule 335 identifies more clearly and completely the motions for which separate statements are required and the content of the separate statements. New rule 341 expressly provides that a court may impose sanctions in favor of a party who files a motion to compel discovery, even if the opposing party files no opposition or provides discovery after the motion was filed.