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To sanction a party failing to comply with discovery, the court can order attorney's fees, or they can order the fact you are seeking to establish as having been established for purposes of your case, because the other side will not respond to the discovery on this issue.
A motion to compel asks the court to enforce a request for information relevant to a case.Discovery requests: parties submit requests for evidence, documents, and other relevant information from the opposition. Each party is required to respond to requests by a specified deadline.
A motion to compel asks the court to enforce a request for information relevant to a case.The requesting party files a motion to compel discovery responses if the opposing party continues to deny the discovery request.
The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P.
Hearing on Motion to Compel When a motion to compel is filed with the court, a hearing is scheduled. At the hearing, the party that filed the motion will need to tell the judge why the other party should be compelled to do something.Once that happens, that party will not be able to use the documents at trial.
Consequences of Refusing to Provide Evidence Requested in a Motion to Compel. If the court issues an order that compels your spouse to produce the discovery you are seeking but your spouse still refuses to provide evidence, the judge may impose further sanctions such as: A verdict in your favor.
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.