Michigan Motion to Compel and For Attorney's Fees and Expenses is a legal document filed in Michigan courts during a civil lawsuit. This motion serves two primary purposes: compelling the opposing party to produce requested documents or evidence and seeking reimbursement for attorney's fees and expenses incurred as a result of the opposing party's failure to comply. In Michigan, there could be different types of motions to compel and for attorney's fees and expenses, including: 1. Motion to Compel Discovery: This type of motion is filed when one party believes that the opposing party is withholding relevant documents, information, or responses during the discovery phase of the lawsuit. It seeks the court's intervention to compel the production of the requested materials. 2. Motion to Compel Deposition: If one party fails to cooperate or reschedules depositions repeatedly, the opposing party may file a motion to compel deposition. This motion asks the court to enforce the deposition and ensure the reluctant party's participation. 3. Motion for Attorney's Fees and Expenses: When one party believes that the opposing party has unreasonably or improperly prolonged the litigation process or failed to comply with court orders, they may file a motion for attorney's fees and expenses. This motion requests reimbursement for the reasonable attorney's fees and expenses incurred as a direct result of the opposing party's actions. The Michigan Motion to Compel and For Attorney's Fees and Expenses should include specific details, such as: 1. Identifying information: The document should include the names and contact information of both parties involved in the lawsuit, and their respective attorneys, if applicable. 2. Case information: The motion should provide the case number, court jurisdiction, and the judge assigned to the case. 3. Description of the issue: The document should clearly state the issue or dispute, such as the failure to produce requested discovery materials or participate in scheduled depositions. 4. Grounds for motion: It is crucial to provide a concise and persuasive explanation of why the motion is necessary, citing relevant laws or court rules that support the party's position. 5. Relief sought: The motion should specify the relief sought, such as compelling the opposing party to produce requested materials or granting attorney's fees and expenses incurred due to the opposing party's actions. 6. Supporting documentation: It is important to attach relevant evidence, such as copies of unanswered discovery requests, correspondence showing non-compliance, or records of rescheduled depositions. Overall, the Michigan Motion to Compel and For Attorney's Fees and Expenses is a crucial legal tool that seeks to ensure fairness, transparency, and adherence to court procedures during the litigation process. By filing this motion, parties can compel compliance, seek reimbursement for related expenses, and move the case forward towards resolution.
Michigan Motion to Compel and For Attorney's Fees and Expenses
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MOTION FOR RECONSIDERATION The moving party must demonstrate a palpable error by which the Court and the parties have been misled and show that a different disposition will result by correcting the error. MCR 7.311(G), referencing MCR 2.119(F)(3).
Under MCR 2.116(C)(7), the claim is barred because of ?release, payment, prior judgment, immunity granted by law, statute of limitations, statute of frauds, an agreement to arbitrate or to litigate in a different forum, infancy or other disability of the moving party, or assignment or other disposition of the claim ...
Time for Filing and Serving Response Personally served with a complaint in Michigan Must serve and file an answer or take other action, as permitted, within 21 days of being served with notice. See MCR 2.108(A)(1).
The answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party's objections, or argument showing why the party's answers to the discovery requests at issue were sufficient.
A party may file a motion for immediate consideration to expedite decision on another motion. The motion must state facts showing why immediate consideration is required.
(a) Unless a different period is set by the court, (i) a written motion under this rule with supporting brief and any affidavits must be filed and served at least 21 days before the time set for the hearing, and (ii) any response to the motion (including brief and any affidavits) must be filed and served at least 7 ...
Rule 2.313 - Failure to Serve Disclosure or to Provide or to Permit Discovery; Sanctions (A) Motion for Order Compelling Disclosure or Discovery. A party, on reasonable notice to other parties and all persons affected, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
Rule 2.119 Motion Practice (A) Form of Motions. (1) [Unchanged.] (2) A motion or response to a motion that presents an issue of law must be accompanied by a brief citing the authority on which it is based, and must comply with the provisions of MCR 7.215(C) regarding citation of unpublished Court of Appeals opinions.