Discovery motions must comply with Government Code section 11507.7. In addition to the requirements for motions generally set forth above, the following applies to discovery motions in teacher dismissal cases.
Meet and Confer Requirement: Before filing any motion relating to discovery, the parties, or their counsel, shall confer in a good faith effort to avoid the necessity for the motion or to eliminate as many of the items in dispute as possible. It shall be the responsibility of the moving party, or counsel for the moving party, to arrange this conference. The conference may take place by telephone.
If the parties are unable to settle all of their differences, they shall formulate a written Joint Stipulation. The Joint Stipulation shall be filed and served with the motion.
Form of Joint Stipulation: The Joint Stipulation must be set forth in one document signed by all parties to the dispute or their counsel. The Joint Stipulation shall contain all issues in dispute and, with respect to each such issue, the contentions and points and authorities of each party. The Joint Stipulation shall not require reference to any other documents that are not attached as exhibits. If the allegations made in a prior filing are relevant, a copy of that prior filing should be attached as an exhibit. Exhibits to the Joint Stipulation may include declarations. The specification of the issues in dispute, and the parties’ contentions and points and authorities with respect to such issues, may be preceded by an introductory statement from each party, provided that no party’s introductory statement shall exceed three pages in length. When a party states its contentions with respect to a particular issue, such party shall also state how it proposed to resolve the dispute over that issue at the conference.
The Joint Stipulation shall present the disputed issues as concisely as the subject matter permits. Any Joint Stipulation exceeding ten pages in length, excluding exhibits, shall be accompanied by a table of contents setting forth the headings or subheadings contained in the body of the Joint Stipulation, but it need not be accompanied by a table of authorities.
The first paragraph of the title page of the Joint Stipulation must state any discovery cutoff date, prehearing conference date, and hearing date(s).
Preparation of Joint Stipulation: Following the conference of the parties or counsel, the moving party or counsel shall personally deliver, email, or fax to the opposing party or counsel the moving party’s portion of the Joint Stipulation, together with all declarations and exhibits to be offered in support of the moving party’s position. The opposing counsel or party shall prepare the opposing party’s portion, sign it (electronically or otherwise) and return it to the moving party or counsel no later than the end of the next business day, so that it can be filed with the notice of motion.
Failure to File Joint Stipulation: OAH may refuse to consider a discovery motion in the absence of a Joint Stipulation or a declaration from the moving party or counsel establishing that the opposing party or counsel (a) failed to confer in a timely manner in accordance with this order; (b) failed to provide the opposing party’s portion of the Joint Stipulation in a timely manner in accordance with this order; or (c) refused to sign and return the Joint Stipulation after the opposing party’s portion was added.