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A motion to compel asks the court to enforce a request for information relevant to a case.The requesting party files a motion to compel discovery responses if the opposing party continues to deny the discovery request.
Consequences of Refusing to Provide Evidence Requested in a Motion to Compel. If the court issues an order that compels your spouse to produce the discovery you are seeking but your spouse still refuses to provide evidence, the judge may impose further sanctions such as: A verdict in your favor.
Trial Subpoenas A subpoena to give testimony at trial or hearing must be served enough in advance to give the witness reasonable notice. Unless the court orders otherwise, the minimum reasonable notice is two (2) days or fourteen (14) days before the appearance when documents are requested.
You need to give the court a reason to deny the other side's motion to compel. There are many different reasons you could give. Take out your Response to the discovery request. You should have identified reasons in your Response for why you weren't turning over certain information.
Discovery responses are often served after a motion to compel is already filed. In this scenario the moving party can simply take the motion off calendar. The moving party can move forward with discovery sanctions.
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.
If it is delivered in person, it must be served at least 20 days before the court date. A judge may order a shorter time for service, but you must ask for it.
A subpoena may be served anywhere in Michigan in the manner provided by MCR 2. A subpoena may also be served by mailing to a witness a copy of the subpoena and a postage-paid card acknowledging service and addressed to the party requesting service.
MCR 2.309(A)(2) Availability; Procedure for Service; Limits Each separately represented party may serve no more than 20 interrogatories on each party.