This form is a sample motion filed by the defense requesting that the court issue a ruling compelling the plaintiff to produce certain documents at trial.
New York Motion to Compel Plaintiffs to Produce Documents at Trial
State:
Multi-State
Control #:
US-PI-0059
Format:
Word;
Rich Text
Instant download
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How to fill out Motion To Compel Plaintiffs To Produce Documents At Trial?
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FAQ
The Three Types of Motions: Notice of Motion, Order to Show Cause, Notice of Cross Motion. CPLR 2214 authorizes a moving party to file two kinds of motions. The first is a notice of motion, and the second is an order to show cause. In addition, the non moving party can file a cross motion in response if they so choose.
CPLR 3126 permits a court to impose discovery sanctions which include, but are not limited to, the preclusion of evidence, where a party refuses to obey an order for disclosure or willfully and contumaciously fails to disclose information which the court finds ought to have been disclosed (see Galarza v 25 Hope St.
Use a Request for Production when you want the other side to produce documents and things as well as a statement under oath that they have provided the documents or things requested, or what they haven't produced and why.
Grounds For Motion ? A party may move to compel the production of documents or things if the response (1) agrees to comply, but compliance is incomplete, (2) the responding party's indication of inability to comply is incomplete, inadequate, or evasive, or (3) an objection to a request is made that is too general or ...
For example, a motion to preclude asks the court to ban the testimony or evidence from being used in the case. A motion to strike asks the court to ban a pleading, like an Answer, from being used. See CPLR 3126. A motion for contempt asks the court to fine and/or jail the other side for ignoring the court's order.
This fundamental principle is reflected in CPLR 3126, which permits the court to sanction a party who ?willfully? fails to participate in discovery. The most extreme and, therefore rarely granted sanction, for discovery dereliction is to strike a party's pleading.
A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.
Generally, ?[a] conditional order of preclusion requires a party to provide certain discovery by a date certain, or face the sanctions specified in the order.? Gutierrez v. Good Bar, LLC, 203 A.D.3d 803, 804 (2nd Dept. 2022).