This form is a Motion to Compel and for Attorney's Fees and Expenses. Plaintiff requests that the court compel the defendant to respond to certain interrogatories and produce certain documents for review. The plaintiff also demands that the court compel defendant to pay all attorney's fees and expenses. The form also contains a Certificate of Service.
North Carolina Motion to Compel and For Attorney's Fees and Expenses
State:
Multi-State
Control #:
US-MOT-01420
Format:
Word;
Rich Text
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How to fill out Motion To Compel And For Attorney's Fees And Expenses?
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FAQ
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.