Issue: Under the California Civil Procedure Code, are the parties required to confer before a discovery motion may be brought?
| Area of Law: | Litigation & Procedure |
| Keywords: | Discovery motion; Confer with opposing party; Good faith attempt |
| Jurisdiction: | California |
| Cited Cases: | None |
| Cited Statutes: | California Civil Procedure Code § 2031; Cal. Civ. P. Code § 2023(a)(9) |
| Date: | 07/01/2001 |
California Civil Procedure Code § 2031 requires a moving party to confer with the opposing party in a good- faith attempt to resolve a discovery dispute and the declaration accompanying the motion must contain a statement that the attempt was made. Failure to do so is itself a “misuse” of discovery and monetary sanctions against the moving party are required. Cal. Civ. P. Code § 2023(a)(9) (“the court shall impose a monetary sanction”). For a discussion of self-executing discovery and the required attempt to resolve discovery disputes before seeking an order, see Townsend v. Superior Court (2d Dist. 1998) 61 Cal. App. 4th 1431, 1434-36.
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