[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Party's Name] [Opposing Party's Address] [City, State, ZIP] Case No: [Case Number] Subject: Plaintiff's Motion to Compel the Production of the Documents Requested in Plaintiff's Second Request for Production of Documents Dear [Opposing Party's Name], I hope this letter finds you well. It is in regard to the above-mentioned case, where I am the plaintiff, and you are the defendant. I am writing to formally request the production of the documents requested in my Second Request for Production of Documents, which was served upon you on [Date of Second Request for Production of Documents], to which you have failed to adequately respond. As you are aware, the Second Request for Production of Documents is an integral part of the discovery process in this litigation. It was duly served upon you in accordance with the Arkansas Rules of Civil Procedure on [Date of Service of Second Request for Production of Documents]. Upon review of your response received on [Date of Response], it is evident that a number of documents requested have not been provided or were insufficiently addressed. I find it necessary to file this Motion to Compel in order to ensure that all relevant and necessary documents are produced as required by the rules of discovery. Failure to do so hinders my ability to adequately prepare and present my case. According to the specified rules, you are obligated to produce the requested documents within a reasonable amount of time. However, despite the given deadline, you have not met your obligation thus far. This failure is a clear violation of the Arkansas rules and constitutes a basis for my Motion to Compel. I kindly request that you promptly provide the documents originally requested in my Second Request for Production of Documents. If there are any specific reasons or objections for non-production or inadequate responses, please clearly state them in writing and provide an explanation so that we may attempt to resolve any issues outside the court. If, upon receipt of this letter, you fail to respond adequately or fail to produce the requested documents within [reasonable deadline, e.g. 14 days], I will be left with no choice but to seek the court's intervention by filing a Motion to Compel and potentially seeking appropriate sanctions against you. Please consider this letter as a final opportunity to comply with your obligations under the Arkansas Rules of Civil Procedure. It is my hope that we can avoid the need for additional court involvement and resolve this matter amicably. However, if necessary, I will not hesitate to pursue the appropriate legal remedies available to me. Thank you for your prompt attention to this matter. Sincerely, [Your Name]
Arkansas Sample Letter for Plaintiff's Motion to Compel the Production of the Documents Requested in Plaintiff's Second Request for Production of Documents
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How to fill out Arkansas Sample Letter For Plaintiff's Motion To Compel The Production Of The Documents Requested In Plaintiff's Second Request For Production Of Documents?
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FAQ
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
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.
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.
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer. If the response was served by mail, 5 extra days are added.
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
Grounds For Motion ? A party may move to compel the production of documents or things if the response (1) agrees to comply, but compliance is incomplete, (2) the responding party's indication of inability to comply is incomplete, inadequate, or evasive, or (3) an objection to a request is made that is too general or ...
If the court grants your attorney's motion to compel discovery, the other party must comply with the judge's order and supply the requested materials within any deadline specified. If they fail to do so, sanctions can be issued in varying levels of severity depending on how egregious their noncompliance was.
