Ohio Sample Letter for Plaintiff's Motion to Compel Answers to Plaintiff's Second Set of Interrogatories
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FAQ
A motion to compel a response to discovery must include: the nature of the questions or request at issue; the response or objections of the party upon whom the request was served; arguments in support of the motion; and.
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.
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.)
Interrogatories are often preferable to depositions for identi- fying such things as witnesses, documents, the dates and sub- stance of transactions and conversations,3 since a deponent may easily forget or overlook relevant information when an- swering such questions.
Interrogatories can be quicker, less costly, and less complicated than depositions, but there are downsides. Since the questions are written, the witness may have more time to think and craft answers, rather than providing more candid answers during discovery.
A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue.
A party shall not propound more than forty interrogatories to any other party without leave of court. Upon motion, and for good cause shown, the court may extend the number of interrogatories that a party may serve upon another party.
[CCP 2033.280(c)]. Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
