In North Carolina, a Motion to Compel and For Attorney's Fees and Expenses is a legal tool used by parties in a lawsuit to request the court to compel the opposing party to fulfill their legal obligations, and to seek reimbursement for the attorney's fees and related expenses incurred during the process. This motion is typically filed when one party believes that the opposing party has failed to comply with discovery requests or court orders. The North Carolina Rules of Civil Procedure provide guidelines for different types of Motions to Compel and For Attorney's Fees and Expenses. Here are a few common variations: 1. Motion to Compel Discovery: This type of motion is used when a party believes that the opposing party has neglected or refused to provide the requested discovery documents or information. It requests the court to compel compliance and may include a request for the reimbursement of attorney's fees and expenses incurred during the discovery process. 2. Motion to Compel Interrogatories: When one party believes that the opposing party has not fully answered interrogatories (written questions) as required, they can file this motion. It seeks the court's intervention to compel the opposing party to provide complete and accurate answers, along with reimbursement for incurred attorney's fees and expenses. 3. Motion to Compel Deposition: If a party believes that the opposing party has failed to attend or fully cooperate during a deposition (oral testimony under oath), they can file this motion to compel compliance. It also includes a request for attorney's fees and expenses resulting from the need to seek court intervention. 4. Motion for Attorney's Fees and Expenses: This type of motion is specifically used to request reimbursement for attorney's fees and related expenses incurred as a result of the opposing party's failure to fulfill their legal obligations or comply with court orders. It typically occurs after a successful motion to compel, where the court finds the opposing party at fault. In each type of Motion to Compel and For Attorney's Fees and Expenses, it is crucial to provide detailed evidence and legal arguments supporting the claim. The court will evaluate the motion based on the merits of the case and the applicable laws, rules, and precedents. Overall, the Motion to Compel and For Attorney's Fees and Expenses serves as an important legal tool in North Carolina civil litigation, aiming to ensure compliance with discovery and court orders while seeking compensation for the costs incurred due to the opposing party's noncompliance.
North Carolina Motion to Compel and For Attorney's Fees and Expenses
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One frequent question we receive is whether you can recoup your attorneys' fees spent pursuing or defending a lawsuit. The well-established rule in North Carolina is that each party bears its own costs of litigation, unless a statute specifically awards attorneys' fees.
In any civil action, special proceeding, or estate or trust proceeding, the court, upon motion of the prevailing party, may award a reasonable attorney's fee to the prevailing party if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party in any ...
Most attorneys' fees clauses allow recovery of all litigation expenses and professional fees. They also may specify that it applies to any lawsuit arising under or out of the agreement, but may be more limited and apply only to actions for breach or collection.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
(a) Offer of judgment. ? At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.
Pursuant to Rule 36 of the North Carolina Rules of Civil Procedure, any party to a lawsuit may serve written ?Requests for Admissions? on any other party. Many Plaintiffs' attorneys will serve Requests for Admissions with the Complaint and Summons.
Cost bill, also referred to as bill of costs, is an itemized list of court costs incurred by the prevailing party in a lawsuit. The prevailing party submits this list to the court and the losing party after a judgment has been issued in the case.