Indiana 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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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 Indiana Motion to Compel and For Attorney's Fees and Expenses Introduction: In the realm of legal proceedings, a Motion to Compel and For Attorney's Fees and Expenses plays a significant role in ensuring fairness and transparency. This article aims to provide a detailed description of what such a motion entails within the Indiana legal jurisdiction. By providing relevant keywords, this comprehensive overview will shed light on key aspects and possible variations of this motion. Keywords: Indiana, Motion to Compel, Attorney's Fees, Expenses, Legal Proceedings, Fairness, Transparency, Legal Jurisdiction 1. Overview of a Motion to Compel: A Motion to Compel is a legal request made by a party involved in a legal dispute to compel the opposing party to comply with certain court-ordered obligations or requests. This motion can be employed when one party believes the opposing party has failed to provide adequate responses, documents, or evidence during the discovery phase of litigation. 2. The Purpose of Indiana Motion to Compel: In the state of Indiana, a Motion to Compel serves to ensure that the discovery process is carried out fairly and effectively. It aids in compelling a non-compliant party to fulfill their obligations and provide the necessary information, documents, or evidence required for a fair trial. 3. Grounds for Filing a Motion to Compel: — Insufficient or incomplete responses to interrogatories, requests for production of documents, or requests for admission. — Failure to attend or provide adequate responses during depositions. — Non-compliance with court-ordered deadlines or discovery rules. — Improper objections or withholding of relevant information without justification. 4. Indiana Motion to Compel and Attorney's Fees and Expenses: In some cases, a party filing a Motion to Compel in Indiana may also request reimbursement for their reasonable attorney's fees and expenses incurred as a result of the non-compliance. This provides an additional incentive for parties to comply with their discovery obligations promptly. Types of Indiana Motion to Compel and For Attorney's Fees and Expenses: 1. Motion to Compel Production: This type of motion is filed when a party believes the opposing side has failed to produce requested documents or evidence during the discovery process. 2. Motion to Compel Interrogatories: This motion is submitted when one party asserts that the opposing side has failed to fully answer written interrogatories or has provided evasive or incomplete answers. 3. Motion to Compel Deposition: This motion is used when one party believes that the opposing side has been uncooperative or evasive during a deposition, such as not attending the deposition or refusing to answer relevant questions. 4. Motion to Compel Compliance with Court Orders: This type of motion seeks to enforce compliance with court-ordered deadlines, requirements, or previous rulings related to discovery. Conclusion: An Indiana Motion to Compel and For Attorney's Fees and Expenses is a powerful tool for ensuring fairness and efficiency during legal proceedings. These motions assist in compelling non-compliant parties to fulfill their discovery obligations and may potentially provide reimbursement for incurred attorney's fees and expenses. By understanding the various types and their purposes, parties can utilize this motion effectively within the Indiana legal system.

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Rule 2.17 of the Code of Judicial Conduct requires judges to prohibit the broadcast of court proceedings except under a narrow set of exceptions.

Upon the court's own motion or the motion of any party, orders granting or denying temporary restraining orders or preliminary injunctions may be dissolved, modified, granted or reinstated.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

Rule 55 - Default (A) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise comply with these rules and that fact is made to appear by affidavit or otherwise, the party may be defaulted by the court.

No judgment rendered on the motion shall be reversed on the ground that there is a genuine issue of material fact unless the material fact and the evidence relevant thereto shall have been specifically designated to the trial court.

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.

A subpoena may be served at any place within the state; and when permitted by the laws of the United States, this or another state or foreign country, the court upon proper application and cause shown may authorize the service of a subpoena outside the state in ance with and as permitted by such law.

Whenever a cause (including for this purpose a petition for post conviction relief has been tried to the court and taken under advisement by the judge, and the judge fails to determine any issue of law or fact within ninety (90) days, the submission of all the pending issues and the cause may be withdrawn from the ...

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An attorney filing a motion to withdraw from representation shall certify the last known address and telephone number of the party, subject to the ... Rule 37 - Failure to make or cooperate in discovery: Sanctions (A) Motion for order compelling discovery. A party, upon reasonable notice to other parties ...Johnson has signed a contingent fee contract. Her attorney's fees will be based on either. 1/3 of the overall recovery in the case, or upon the attorney's fees. The Motion must be signed by the filing party or their attorney. · The Motion must comply with S.D. Ind. B-7037-1. · A Certificate of Service must be included. · A ... Jul 26, 2022 — To successfully be awarded fees, you must meet the evidentiary burden with well-supported records. (5 minutes to read ∙ 1200 words) 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 ... May 31, 2021 — ... FILE, on or before May 31, 2021, an itemization of its costs and fees, including attorney's fees, incurred in making the Motion to Compel and an. Oct 2, 2023 — This article sets out 15 blunders to avoid when seeking a statutory attorney fee award. Time records must be “bullet-proof. ... 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 ... Sep 7, 2023 — “That is close enough to a wash that an award of expenses to Defendants is unwarranted,” the opinion says. Judge Nancy Vaidik wrote the opinion.

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