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Some attorneys say so (e.g. https://www.avvo.com/legal-answers/is-the-discovery-process-halted-when-a-motion-for--3637798.html), but when I looked into the statute (CCP 2030.090, 2031.060, 2033.080), I never found anything that "stays" the discovery pending the hearing of motion for protective order, or explicitly states that the moving party does not ned to comply with the discovery until the motion is ruled.

This is especially important for "request of admissions" because the lack of response would enable the propounding party to move the Court to deem every request as if they were admitted.

Lack of response to request for production of documents / interrogatories also almost guarantee a compel / sanction motion to be granted.

Which means, if the party seeking protective order just want to be safe, they would need to respond to the (supposedly unreasonable) discovery anyway, even if the response is just a whole bunch of objections. Moreover, some objections have to be very specific (e.g. exactly why something is over-burdensome, what effort would it take, etc.), which means it would be a lot of work to formulate a bullet-proof response. Wouldn't that defeat the whole purpose of motion for protective order?

aaronqli
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it would be a lot of work to formulate a bullet-proof response. Wouldn't that defeat the whole purpose of motion for protective order?

No. The purpose of objections --and of motions for protective order-- is not to avoid doing "a lot of work", but to protect information the party considers unreasonable or which ought to be protected from discovery. Elaborating on an objection to interrogatories and/or requests does not provide the information sought to be discovered. Therefore, objections do not defeat the purpose of a motion for protective order.

The difference (or one difference) between a motion for protective order and an objection is that the adversary can overcome the objection by rephrasing the interrogatory or request, whereas a protective order is intended to preclude all attempts to skirt the substance of that order.

I never found anything that "stays" the discovery pending the hearing of motion for protective order

Because there is no need to. Complying with the discovery request would render the motion for protective order a moot issue. Therefore, it is understood that that particular item of discovery essentially would be stayed while the judge has the occasion to rule on the matter.

This is especially important for "request of admissions"

There are three possible answers to each item in a request of admissions: Admission, denial, or objection. Since objections are allowed (with the proper justification therefor), there is no need to stay discovery. The party just needs to file his responses within the deadline. Moving for a protective order is an odd, and seemingly useless, way to address requests for admissions.

Iñaki Viggers
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