In Massachusetts, a Motion to Compel and For Attorney's Fees and Expenses is a legal document filed in court by one party to request the court's assistance in compelling the opposing party to comply with certain discovery obligations or court orders. This motion may also seek reimbursement for the attorney's fees and other related expenses incurred due to the opposing party's non-compliance. Keywords: Massachusetts, Motion to Compel, Attorney's Fees, Expenses, court, discovery obligations, compliance, reimbursement, non-compliance. Different types of Massachusetts Motion to Compel and For Attorney's Fees and Expenses: 1. Motion to Compel Discovery and For Attorney's Fees and Expenses: This type of motion is typically filed when one party believes that the opposing party has failed to provide all the requested documents, answers to interrogatories, or responses to requests for admissions, and seeks the court's intervention to compel their compliance. Additionally, the motion may request reimbursement for the attorney's fees and expenses incurred due to the opposing party's failure to cooperate. 2. Motion to Compel Compliance with Court Order and For Attorney's Fees and Expenses: This motion is filed when a party believes that the opposing party has failed to comply with a specific court order, such as producing certain documents, appearing for a deposition, or completing certain tasks within a given time frame. The moving seeks the court's assistance in enforcing the court's order and may also request reimbursement for the attorney's fees and expenses incurred as a result of the opposing party's non-compliance. 3. Motion for Sanctions, Including Attorney's Fees and Expenses: In some instances, when a party's failure to comply with discovery obligations or court orders is willful or in bad faith, the other party may file a motion seeking sanctions. Along with other sanctions, like fines or adverse inferences, the moving may request reimbursement for the attorney's fees and expenses incurred as a result of the opposing party's intentional non-compliance. 4. Motion for Defense Attorney's Fees and Expenses: Occasionally, a defendant in a civil case may file a motion to compel the plaintiff to pay their attorney's fees and expenses if they prevail in the litigation. This motion argues that the plaintiff's claims were meritless, brought in bad faith, or lacked a reasonable basis, resulting in the defendant incurring unnecessary attorney's fees and expenses for defending against such claims. It's important to note that the specific circumstances and requirements for filing these motions may vary depending on the court and the type of case. It is advisable to consult with an experienced attorney to ensure compliance with all relevant rules and procedures.
Massachusetts Motion to Compel and For Attorney's Fees and Expenses
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Section 26G. Every building or structure, including any additions or major alterations thereto, which totals, in the aggregate, more than 7,500 gross square feet in floor area shall be protected throughout with an adequate system of automatic sprinklers in ance with the provisions of the state building code.
Ct. 9C. Rule 9C - Counsel to Confer Prior to Filing Motions (a)General Rule: Counsel for each of the parties shall confer in advance of filing any motion, except motions governed by Rule 9A(d) and Standing Order 1-96, and make a good faith effort to narrow areas of disagreement to the fullest extent.
A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person.
Any person who is imprisoned or whose liberty is restrained pursuant to a criminal conviction may at any time, as of right, file a written motion requesting the trial judge to release him or her or to correct the sentence then being served upon the ground that the confinement or restraint was imposed in violation of ...
(E) The court may limit the frequency or extent of electronically stored information discovery, even from an accessible source, in the interests of justice.
Rule 26(b)(2) Summary Parties do not have to produce electronically stored information (ESI) that is not reasonably accessible because of undue burden or cost. If the requesting party shows good cause, the court may still order the production of inaccessible documents, subject to certain conditions.
Rule 45(d) provides the mechanism for using a subpoena to compel the attendance of a witness at a deposition. It also permits the subpoena to be used to compel the deponent to produce at the deposition designated papers, documents, books or tangible things.
Rule 26(b)(5) Summary Any claims of privilege must be documented such that other parties can ascertain whether the privilege applies.