Missouri Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel
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How to fill out Defendant's Motion For Protective Order And Response To Plaintiff's Motion To Compel?
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FAQ
[Write the facts relevant to the motion. At the end of each sentence, write where evidence of that fact can be found. See the Instructions for more detailed information.] [Explain your response to each of the arguments made in the Motion.
Declaration Opposing the Motion It must either be typed on pleading paper or written or typed on Judicial Council Form MC-030, present facts within your (or some other declarant's) personal knowledge and be signed by you (or the other declarant) under penalty of perjury.
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.
The party making the motion is called the ?Moving Party.? The party answering the motion is called the ?Opposing Party.?
A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.
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.
When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.
Within 14 days from the time the motion is filed, each party opposing the motion must serve and file a brief written statement of the reasons in opposition to the motion.