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Mississippi Defendant's Response to Plaintiff's Motion for Order to Compel Production of Documents and Request for Protective Order

State:
Mississippi
Control #:
MS-61495
Format:
Word; 
Rich Text
Instant download

Description

This response form, a model Defendant's Response to Plaintiff's Motion for Order to Compel Production of Documents and Request for a Protective Order, can be completed by filling in the blanks and/or adapted to fit your specific circumstances. The form is available for download in several standard formats. USLF control no. MS-61495
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FAQ

Possible outcomes following a motion to compel discovery The requesting party tells the judge why the requested Discovery is pertinent to the case. They demonstrate that the good faith attempt was made to resolve the issue before filing the motion to produce.

You need to give the court a reason to deny the other side's motion to compel. There are many different reasons you could give. Take out your Response to the discovery request. You should have identified reasons in your Response for why you weren't turning over certain information.

The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P.

The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P. § 2030.300) Sounds simple enough, but it's not. You have to understand when something is deemed served.

Motion for Sanctions If the court issues an order compelling discovery, and the party fails to comply with that order, then the court may sanction the party in numerous ways such as refusing to let in the party's evidence at trial, dismissing their lawsuit or striking their defense to a lawsuit, and imposing

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.

The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.

You need to give the court a reason to deny the other side's motion to compel. There are many different reasons you could give. Take out your Response to the discovery request. You should have identified reasons in your Response for why you weren't turning over certain information.

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Mississippi Defendant's Response to Plaintiff's Motion for Order to Compel Production of Documents and Request for Protective Order