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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.
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.
If one party to a case has filed a motion with the court, the other side can file an ?opposition.? An ?opposition? is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
Include everything you want to say about the facts of the case and all documents you want considered by the Judge. You may not be given the opportunity to speak to the Judge unless he or she requires oral argument of the motion. Do not leave important details or papers out, expecting to add them later.
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.
How to Write a Kick-Ass Motion Make an Outline. ... Keep Your Motion Simple. ... Maintain Credibility. ... Mind Your Citations. ... Focus on Facts. ... Keep Your Intro Short. ... Respect the Opposition. ... Write in English, Not Legalese.
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 ...
Respond To A Motion The Right Way Determine Whether a Response is Needed. Not all motions require a response. ... Review the Motion. If you decide to respond, review the motion carefully and thoroughly. ... Research and Prepare. ... Structure Your Response. ... Craft Persuasive Arguments. ... Use Clear and Concise Language. ... Summarize.