Motion To Compel With Discovery

State:
Texas
Control #:
TX-G0059
Format:
PDF
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Description

The Motion to Compel with Discovery is a legal form used to request the court's intervention in obtaining specific evidence from another party during the discovery phase of a legal proceeding. This form is essential for parties who believe that the opposing side is not complying with discovery requests, which can hinder the case's progress. Key features of the form include sections to identify the parties involved, specify the discovery materials sought, and articulate the reasons for the motion. Filling out the form requires clarity and conciseness to effectively communicate the necessity of the requested information. Attorneys and legal professionals should ensure that all relevant details are included to support the motion, which may include dates, prior correspondence, and attempts made to acquire the requested documents. The form can be utilized in various civil cases, particularly in litigation involving contract disputes, personal injury claims, or any scenario where evidence retrieval is critical. For attorneys, partners, associates, paralegals, and legal assistants, this form facilitates a structured approach to enforce compliance and streamline the discovery process. Properly completing and filing the Motion to Compel with Discovery can significantly impact the outcome of legal proceedings, making it a vital tool in the litigation toolkit.
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FAQ

Identify your reasons for not complying. 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.

For example, a party may file a motion asking the court to: Order another party or person to: ... Quash a subpoena that improperly seeks documents or testimony. Order the parties to maintain the confidentiality of commercially sensitive, trade secret, proprietary, or personal information.

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.

Consider Filing a Motion to Compel if: A party fails to answer an interrogatory. A party's response to a discovery request is incomplete or evasive. A person fails to answer a question during a deposition. A non-party objects to a request for documents under a subpoena.

Discovery allows you to get information and evidence from the other party or other persons you can use in your lawsuit.

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Motion To Compel With Discovery