This motion is particularly relevant under the California Penal Code 1054, which governs the discovery process in criminal cases. The purpose of this motion is to request an order from a judge that compels the prosecution to provide specific evidence or information pertinent to the defense of the accused.
Some of the simple tactics to follow while filing a motion to compel: Act in good Faith. The State and Federal Rules of Civil Procedure require parties to meet and confer before bringing a motion to compel. Thorough Knowledge of the Case. Limit citing voluminous authorities. Avoid Personal Attacks.
Motions to compel are often necessary to set the tone in your case and acquire the documents and information you need to win your case. Grounds: When a party who has propounded discovery believes the responses are inadequate, the propounding party may move for a motion to compel a further response. (Code Civ.
A motion to compel asks the court to order the opposing party to respond to discovery by a certain date. These motions are typically acts of last resort, which you should save for when your opponent fails to respond to any of your requests.
Under the Maryland Rules, you must provide the opposing party with your discovery answers within either 30 days after service of the request or 15 days after the date on which the party's initial pleading or motion is required, whichever is later.
Keep in mind that the answers must be made in writing under oath and signed by the party that is answering. See Md. Rule 2-421(b). You must answer the interrogatories as much as you can. If you object to any interrogatory, you should state the reasons for your objection in the answer to the interrogatory.
After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules, including the taking of discovery depositions, by filing with the court and serving on the prosecuting attorney a “Notice of Discovery” which shall bind both the prosecution and defendant to ...
Discovery means you send the other side questions and requests for information or items (like documents) in writing. The other side must respond to your question or request in writing.
A party may obtain discovery regarding any matter, not privileged, including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons having knowledge of any discoverable matter, if the matter sought is relevant to the ...