Arkansas Motion to Compel and For Attorney's Fees and Expenses

State:
Multi-State
Control #:
US-MOT-01420
Format:
Word; 
Rich Text
Instant download

Description

This form is a Motion to Compel and for Attorney's Fees and Expenses. Plaintiff requests that the court compel the defendant to respond to certain interrogatories and produce certain documents for review. The plaintiff also demands that the court compel defendant to pay all attorney's fees and expenses. The form also contains a Certificate of Service.

Title: Understanding Arkansas Motion to Compel and For Attorney's Fees and Expenses Introduction: Arkansas Motion to Compel and For Attorney's Fees and Expenses refers to a legal process used in the state of Arkansas to request the court's assistance in compelling the opposing party to comply with specific discovery requests. This motion also seeks an award of attorney's fees and other related expenses incurred due to the non-compliance or the need for such motion. Keywords: Arkansas, Motion to Compel, Attorney's Fees, Expenses, Legal Process, Discovery Requests, Non-compliance, Court's Assistance. 1. Overview of Arkansas Motion to Compel: The Arkansas Motion to Compel allows a party in a lawsuit to seek a court order that forces the opposing party to respond to discovery requests. Discovery refers to the pre-trial process where parties exchange information, documents, and evidence relevant to the case. Should the opposing party fail to provide the necessary information, the motion provides a means to compel their compliance through court intervention. 2. Purpose and Importance of Arkansas Motion to Compel: The Motion to Compel is essential to ensure fairness in a legal proceeding, as it promotes full disclosure of evidence, facts, and information relevant to the case. It seeks to prevent parties from withholding crucial details or evidence that could influence the outcome. 3. Non-compliance with Discovery Requests: If a party fails to comply with the discovery requests, the party seeking the information can file a Motion to Compel. This motion requests the court to intervene and order the non-compliant party to fulfill its disclosure obligations. The court's involvement aims to resolve any impasse between the parties and maintain the integrity of the litigation process. 4. Types of Arkansas Motion to Compel and For Attorney's Fees and Expenses: a) Motion to Compel: This motion focuses on obtaining the necessary discovery documents, responses, or information from the opposing party. It highlights the non-compliance and seeks the court's assistance in compelling the party to fulfill its obligations. b) Motion for Attorney's Fees and Expenses: This motion requests the court to award attorney's fees and expenses incurred as a result of the opposing party's failure to comply with the discovery requests. It enables the prevailing party to recover the costs associated with pursuing the Motion to Compel. 5. Grounds for Filing Arkansas Motion to Compel and For Attorney's Fees and Expenses: a) Failure to provide requested documents within the specified deadline. b) Insufficient or incomplete responses to written interrogatories or requests for admissions. c) Evasive or improper answers or objections to interrogatories or requests for admissions. d) Failure to produce witnesses for depositions or failure to cooperate during the deposition process. 6. Procedure for Filing Arkansas Motion to Compel and For Attorney's Fees and Expenses: a) Prepare the motion, outlining the grounds for the motion, the details of the non-compliance, and the relief sought. b) Serve the motion and any supporting documents on the opposing party. c) File the motion with the court, along with a certificate of service. d) Attend the hearing on the motion, presenting arguments, and supporting evidence. e) Await the court's decision on the motion, which may include granting the motion, imposing sanctions, or ordering attorney's fees and expenses. Conclusion: The Arkansas Motion to Compel and For Attorney's Fees and Expenses is a valuable legal tool that ensures parties involved in a lawsuit comply with their discovery obligations. By seeking court assistance to compel compliance and recover attorney's fees and expenses, this motion maintains the fairness and integrity of the legal process. Keywords: Arkansas, Motion to Compel, Attorney's Fees, Expenses, Legal Process, Discovery Requests, Non-compliance, Court's Assistance.

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Every order granting an injunction and every restraining order must: (A) state the reasons why it issued; (B) state its terms specifically; and Page 3 Rule 65 (C) describe in reasonable detail ? and not by referring to the complaint or other document ? the act or acts restrained or required.

Federal Rule of Civil Procedure 65(a)(2) provides a mechanism, in limited circumstances, for acceleration of a trial on the merits: ?Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing.? But both the Supreme ...

This rule (a)(1) is designed to simplify prior Arkansas law by providing for the issuance of a preliminary injunction or temporary restraining order without notice only where it appears that irreparable harm or injury will or might result. In all other instances, notice of such application is required.

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.

Arkansas Rule of Criminal Procedure 37.1(a) provides: (a) A petitioner in custody under sentence of a circuit court claiming a right to be released, or to have a new trial, or to have the original sentence modified on the ground: (i) that the sentence was imposed in violation of the Constitution and laws of the United ...

After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new trial, timely filed, for a reason not stated in the motion. In either case, the court shall specify in the order the ground therefor. (f)Motion for New Trial Not Necessary for Appeal.

It states the general rule that the court may, with prior notice to all parties, modify a judgment, decree or order within 90 days of its filing with the clerk to "correct errors or mistakes or to prevent the miscarriage of justice." Revised subdivision (b) expressly states an exception for "clerical mistakes" and ...

Bringing Documents to Examination and Trial However, the parties may agree that certain documents are not necessary at discovery or trial and can mutually decide not to produce them there.

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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 ... The Court, on motion or of its own initiative, may order any party plaintiff, either resident or nonresident, to file an original bond for costs or additional ...This subdivision amends the provisions for award of expenses, including reasonable attorney's fees, to the prevailing party or person when a motion is made for ... Apr 13, 2015 — Plaintiffs' counsel may file a motion for fees and costs pursuant to Ark. R. Civ. P. 37(a) (4). IT IS SO ORDERED. Prepared by: Matthew D ... Nov 8, 2019 — It is long established law in Arkansas that the circuit court has the inherent power to award attorney's fees in domestic relations proceedings. Dec 12, 2019 — (2) On motion to compel discovery or for a protective order relating to the discovery of electronically stored information, a party objecting ... expenses incurred in preparing and filing Marshall's motion to compel discovery [doc.#12] and. Marshall's motion for sanctions (and brief in support) [doc. ... in ruling on a petition for attorney fees and costs, the Supreme Court has emphasized that courts have discretion in awarding fees, however it has also noted ... Apr 27, 2021 — Defendant. §. PLAINTIFFS' BRIEF IN SUPPORT OF MOTION FOR ATTORNEYS' FEES ... A party is entitled to an award of attorneys' fees and taxable ... The books attempt to take relevant statutes, court rules, case law, and forms for a particular area and consolidate them into one document. The benchbooks do ...

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Arkansas Motion to Compel and For Attorney's Fees and Expenses