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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any issue of law or fact within ninety (90) days, the submission of all the pending issues and the cause may be withdrawn from the ...
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
General Information. This event is used primarily for the purpose of limiting or restricting discovery. It may also be used to hide a document from public view pursuant to 11 U.S.C. Section 107 if the document contains, for instance, trade secrets or defamatory information.
A motion to compel discovery is a request to the judge to order the prosecution to hand over evidence. If the court grants the motion, the judge will order that the appropriate materials be released on a plan of sanctions such as fines, suppression of evidence, and even a dismissal of the charges.
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.
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.
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 ...