California 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.
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FAQ

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.

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.

Elements to keep in mind while filing the Motion to Compel is to mention the nature of the case, identify the question that needs to be answered or the object or document that is needed and explain how it relates to the case, attach the other party's written refusal to make available the information or object, make it ...

Hourly rates in California Lawyers in California typically charge between $178 and $509 per hour, with the average being $344. For comparison, District of Columbia has the highest average hourly rate at $392 while West Virginia has the lowest average hourly rate at $162.

By law, fee agreements with your lawyer must be in writing when the lawyer expects fees and costs for your case to total $1,000 or more. Here are some questions you may want to ask about your fee agreement: How will the lawyer bill for their time?

When that happens, a party can file a motion to compel, asking the Court to order the opposing party to produce the contested documents or information. If a motion to compel is granted and the Court orders the information produced, failing to comply with that order can lead to serious consequences.

A motion to compel a response to discovery must include: the nature of the questions or request at issue; the response or objections of the party upon whom the request was served; arguments in support of the motion; and.

Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].

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