Best answer: Does a motion for protective order stay discovery?

The Court should, therefore, grant Defendants’ motion for a protective order staying discovery until the Court has decided Defendants’ two potentially dispositive motions. I. The Court Should Stay Discovery Pending the Resolution of Defendants’ Dispositive Motions. Defendants’ Motion for a Protective Order.

What is a motion to stay discovery?


When such a motion is pending, Circuit law compels a stay to guard against the “significant costs” of unwarranted discovery requests.

Does a motion for protective order stay discovery Texas?

The filing of a motion for a protective order pursuant to Fed. … 26(c) or 30(d) stays the discovery at which the motion is directed pending order of the court.

Does motion for protective order stay deposition California?

(c) In addition to serving this written objection, a party may also move for an order staying the taking of the deposition and quashing the deposition notice. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.

What happens after a motion to compel discovery?

Discovery responses are often served after a motion to compel is already filed. … The moving party can move forward with discovery sanctions. The moving party can also have the Court order the responding party to provide responses without objection, assuming there are objections.

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What does a discovery mean in legal terms?

This is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented. … One of the most common methods of discovery is to take depositions.

Does a motion to dismiss stay discovery in federal court?

Nothing in Rule 12 of the Federal Rules of Civil Procedure (FRCP), which governs motions to dismiss, triggers an automatic stay of discovery before the disposition of such motions. Likewise, no other federal rule triggers an automatic stay.

Can you be deposed twice?

There are times when someone may be required to participate in a second deposition, but in the State of California, this generally requires a court order. It may happen if there is a new party that is later added to the case after the original depositions were completed.

What is a motion for protective order California?

(a) When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, and any other party or affected person, may promptly move for a protective order.

Does a motion to quash stay a deposition?

2025.410(a). In addition to serving an objection, the party may file a motion to stay the deposition and quash the deposition notice. … If a deponent fails to answer any question or produce a requested document, the party seeking discovery may file a motion for a court order compelling the answer or production.

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Is a motion to compel serious?

A motion to compel is a request made to the court to force a party to a lawsuit or a person to comply with a request or to do something. … If the person does not respect the order of the court, there may be severe consequences such as the dismissal of the other party’s case or being in contempt of court.

What happens if you miss a discovery deadline?

Generally, you have 30 days to respond to the State’s requests. If you miss the 30-day deadline, you should still respond to the State’s request for discovery. Even if the response is late, you’re much less likely to get sanctioned than if you never respond at all.

How long after discovery is trial?

Negligence (e.g. automobile accident and slip and fall), construction, contract and commercial cases usually have a minimum discovery period of 300 days. Finally, more complex cases such as employment discrimination, product liability, civil rights and malpractice cases have a minimum discovery period of 450 days.