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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 ...
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.
If the court grants your attorney's motion to compel discovery, the other party must comply with the judge's order and supply the requested materials within any deadline specified. If they fail to do so, sanctions can be issued in varying levels of severity depending on how egregious their noncompliance was.
Motions to Compel. If a party fails to comply with an approved request for discovery or a request for documents under Rule 361.02, the party requesting the discovery may serve and file a motion for an order compelling an answer or compliance with the discovery request.
Before you file your motion, you must first attempt to ?meet and confer? with the opposing counsel or self-represented party.
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.
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.
Rule 69. Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise.