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Rule 37 - Failure to Make Discovery; Sanctions (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to all parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.
In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
Typically, a defendant will respond to a complaint one of two ways: by filing a motion to dismiss or an answer, sometimes including affirmative defenses, counter-claims, cross-claims and/or third party claims as part of the answer.
For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.
Within fourteen (14) days from the date of service of copies of a motion and supporting papers, any party opposing a motion shall serve and file with the Clerk a concise statement in opposition to the motion with supporting authorities.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
If the allegations in the paragraph are not true, write: Defendant denies each and every allegation contained in paragraph 2 of the complaint. If the paragraph contains some allegations that are true and other allegations that are not, specify in your answer which parts of the paragraph are true and which are not.
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.