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Focus (Forum & Focus)

Jul. 26, 2007

Understanding Separate Statements May Be Key to Avoiding Unnecessary Denials

Forum Column - Richard M. Coleman - The "Musings of a Discovery Referee" series continues with a look at a procedure that can make or break motions.

FORUM COLUMN

By Richard M. Coleman

I was sent the papers, moving and opposing, for a motion to compel answers at a deposition. Missing was a "separate statement." I resisted the temptation to recommend denial of the motion on that basis. I wrote the parties, canceling the scheduled hearing and giving the moving party 10 days to supply the separate statement under the California Rules of Court. (An amendment that took effect Jan. 1, 2007, has changed the nu...

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