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.
Colorado Motion to Compel and For Attorney's Fees and Expenses
State:
Multi-State
Control #:
US-MOT-01420
Format:
Word;
Rich Text
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How to fill out Motion To Compel And For Attorney's Fees And Expenses?
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If the other person did not respond or didn't provide complete responses, try to work it out with them directly first. If that does not work, you can request a court order that requires them to respond or respond with more information.
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.
The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
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.
This letter is often called a good faith letter. And it is needed under many courts' rules before you can file a motion to compel discovery if the other party ignores your requests or provides evasive responses or move for sanctions if your opponent refuses to comply with the court's discovery order.
Courts can impose sanctions for various misuses of the discovery process. This bill raises the mandatory sanction for specified discovery abuses from $250 to $1,000.
Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.