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The motion to compel and any response are circulated among the attorneys for the parties in written form and filed with the court. The court holds a hearing at which the parties appear and argue their respective positions on the motion.
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and ...
Throughout the entire state of Florida a Motion to Compel is pretty much the same. After the motion is filed the person trying to enforce the disclosure schedules a short hearing and asks the judge to enforce the issue.
"Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
If the Plaintiff did not give you the documents you asked for in Discovery, you can use a Motion to Compel to ask the judge to order the Plaintiff to give you the documents. To learn more about discovery, visit .masslegalhelp.org and search ?What is Discovery?? and ?Request for Production of Documents.?
General Rule: Discovery must be responded to within 30 days The court may also prescribe different timelines for responding to discovery, or the parties themselves may establish deadlines.
A motion to compel further responses to interrogatories is a prime example. (This is where you've received responses to interrogatories, believe them to be incomplete, and you want the court to order the responding party to provide further responses.)
The procedure for examining a party by written questions is as follows: Questions: The examining party serves (delivers) a list of questions to the party being examined and every other party in the lawsuit. ... Answers: Answers to the questions are due within fifteen (15) days after the service of Form 35A.