Motion To Compel Alabama For Sanctions

State:
Alabama
Control #:
AL-1033A
Format:
Word; 
Rich Text
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Description

This is a sample of a Plaintiff's Motion to Compel Defendant to respond to certain discovery requests and specific interrogatories.

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FAQ

A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.

Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.

A request for sanctions is a demand for money. As such, it may qualify as a "claim" against an attorney or a law practice. If the motion for sanctions is directed against the attorney, it may implicate a notice requirement under the law practice's legal malpractice insurance policy.

R. 3.1348. The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.

Penalties for a Party Failing to Comply with an Order to Compel. If the judge grants the motion to compel, a party who refuses to comply with an order to compel may face serious consequences. The party may be required to pay court sanctions, and may face contempt of court charges. Amar Esq.

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Motion To Compel Alabama For Sanctions