North Carolina 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
Before a party files a motion to compel a response to discovery, the party must make a good faith effort to confer with the person or party allegedly failing to properly respond to a request for discovery in an effort to secure information or material without action by the ALJ.
Second, the discovery phase of litigation is time consuming. The schedules of the parties, witnesses, lawyers and courts all play a role in the delays associated with litigation. There are also legal delays allowed for parties to respond to discovery and take depositions.
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.
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 ...
Once a personal injury lawsuit gets underway, the discovery process will last at least a few months and usually several months longer. In a large, complex case, it can go on for a year or more.
A lawyer cannot, under any circumstance, settle your case without your consent.
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.
If a court does order a party to respond to a request for discovery in response to a motion to compel and the party disobeys the order, it can lead to consequences such as another, more serious court order, fines or fees or other procedural rulings that may even affect the outcome of a case.