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Common grounds for a motion to compel include a failure to respond to discovery requests, incomplete responses, or refusal to provide relevant evidence. Each of these situations reflects a violation of the legal obligation to share pertinent information. When crafting your motion to compel Alabama form California, it is crucial to clearly outline these grounds to increase your chances of success. This clarity can significantly impact the judge's decision on your motion.
Section 2025.480 - Motion to compel answer or production (a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move ...
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.
Must Meet and Confer Prior to Filing a Motion To Compel ? The moving party must include a declaration stating facts that show a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.
If, after all reasonable attempts have been made to resolve the discovery dispute and there is still no resolution, then the party seeking the discovery may file a motion to compel a response to the discovery request. There is no court form for this motion, it must be drafted in a pleading paper format.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.