Illinois Notice of Motion to Compel
Description
Key Concepts & Definitions
A15 Notice of Motion to Compel is a legal document used in the US court system. This motion is filed by a party involved in litigation when the opposing party fails to comply with a discovery request. The motion asks the court to require compliance with the discovery request.
Step-by-Step Guide
- Identify the Issue: Determine the specific discovery request that has not been fulfilled.
- Attempt to Resolve: Make a good faith effort to resolve the issue with the opposing party directly.
- Prepare the Motion: Draft the A15 Notice of Motion to Compel, clearly stating the facts and the legal basis for the request.
- File the Motion: File the motion with the court, along with any supporting documents and a proof of service.
- Serve the Motion: Legally serve the opposing party with the motion to compel.
- Attend the Hearing: Participate in the court hearing, if required, and present your case.
- Comply with Court's Decision: Follow through on the court's ruling regarding the motion.
Risk Analysis
- Non-Compliance Risks: Potential court penalties or adverse rulings if the motion is ignored or not followed.
- Legal Costs: Incurring additional legal fees and court costs especially if the motion leads to extended litigation.
- Delay in Proceedings: Motion to compel can prolong the litigation process, affecting case timelines.
Best Practices
- Early Communication: Engage in early discussions with opposing counsel to potentially avoid needing a motion.
- Accurate Documentation: Keep detailed records of all discovery requests and correspondence for use in drafting the motion.
- Legal Advice: Consult with a legal professional to ensure the motion is properly drafted and filed.
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FAQ
At or after the hearing, the judge will make a decision on the motion. The judge might write an order on the motion herself. Or she might direct one of the parties to prepare the order for her signature. An order is the written decision or judgment that grants or denies the motion.
There's no exact time limit on how fast a judge must do his work. In the states and federal courts I am familiar with, the lawyer files a motion and sets it for hearing about six weeks later, more or less, depending on the court's docket.
By Practical Law Litigation. A sample statement regarding attempts to resolve discovery disputes under Illinois Supreme Court Rule 201(k) that may be included in a discovery-related motion filed in Illinois circuit court civil litigation.
A motion is a written request or proposal to the court to obtain an asked-for order, ruling, or direction.Courts usually have specific requirements for filing a motion, so either consult your attorney or look up the local court rules to understand what you will need as you move forward.
The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.
After you complete your motion, you must file it with the court.You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case. If a party is represented by an attorney, mail the motion directly to the attorney's office.
When a defendant files a motion to dismiss, he asks the Court to throw out all or part of the plaintiff's case.The parties (well, their lawyers) will come to court, explain their positions on the motion to dismiss, and answer any questions posed by the judge. Finally, the judge will decide to grant or deny the motion.
If you do not file a response, the party suing you (the plaintiff) can get a judgment against you for the full amount requested in the lawsuit and you will not be able to tell the court why you do not owe it.
What happens if I don't file an opposition to the motion? If a motion is filed against you and you do not file a written opposition with the court, the judge could grant the other side's motion automatically.It also might mean you lose the case, depending on the motion that was filed.