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Unlawful Detainer Motions to Compel Discovery only require 5 days notice (CCP §1170.8) and oppositions may be verbal at the hearing (Rule of Court 3.1347)

On Behalf of | Jun 24, 2016 | Civil Procedure, Discovery, Unlawful Detainer

discovery

CCP §1170.8 states that motions to compel may be filed with only 5 day (plus service) notice.  Also oppositions and replies may be made verbally at the time of the hearing.

Rule 3.1347. Discovery motions in summary proceeding involving possession of real property

  • (a) Notice  In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a discovery motion must be given in compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1170.8.(Subd (a) amended effective January 1, 2016.)
  • (b) Opposition and reply at hearing  Any opposition to the motion and any reply to an opposition may be made orally at the time of hearing or in writing as set forth in (c).
  • (c) Written opposition in advance of hearing  If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be served and filed on or before the court day before the hearing. Service must be by personal delivery, electronic service, fax transmission, express mail, or other means consistent with Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing. The court, in its discretion, may consider written opposition filed later.(Subd (c) amended effective January 1, 2016.)

Cal Rules of Court, Rule 3.1347

Unlawful detainer actions allow the parties to litigate as if this were a million dollar case.  Discovery in Unlawful detainer actions are exempt form the Economic Litigation Act

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