Cal/OSHA Appeals Board: motion to compel discovery when no reply (30 days after request)
30 days after discovery request made (no reply received), under 8 CCR 372.6(b).
Rule text
8 CCR 372.6(b): "... or within 30 days after the discovery request was made and respondent has failed to reply to the request or within another time stipulated by the parties with the approval of the Administrative Law Judge or the Appeals Board, whichever period is longer."
Calculate this deadline
Deadline
Monday, December 7, 2026
- Trigger (Discovery request made (no reply received)): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Rules applied
8 CCR 372.6(b)
8 CCR 372.6(b): "... or within 30 days after the discovery request was made and respondent has failed to reply to the request or within another time stipulated by the parties with the approval of the Administrative Law Judge or the Appeals Board, whichever period is longer."Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- Alternative to oshab_motion_compel_after_refusal; the longer period controls.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Discovery request made (no reply received) on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Discovery request made (no reply received)): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Alternative to oshab_motion_compel_after_refusal; the longer period controls.
Related deadlines
- APA: written discovery request (30 days after service of initial pleading) (30 days after)
- APA: written discovery request (15 days after service of an additional pleading) (15 days after)
- APA: motion to compel discovery (15 days after other party first evidenced refusal) (15 days after)
- APA: motion to compel discovery (30 days after request if no reply) (30 days after)
- APA: serve notice and petition to take deposition of unavailable material witness (10 days before hearing on petition) (10 days before)
- Cal/OSHA Appeals Board: motion to compel discovery (15 days after refusal or failure to comply) (15 days after)
- CPUC: response to motion to compel or limit discovery (10 days after service) (10 days after)
- State Bar Court: serve all discovery requests (10 days after service of answer) (10 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.