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If the court grants your attorney's motion to compel discovery, the other party must comply with the judge's order and supply the requested materials within any deadline specified. If they fail to do so, sanctions can be issued in varying levels of severity depending on how egregious their noncompliance was.
Service may be made in person, by certified mail, with return receipt, by leaving a copy of the subpoena at the principal place of business of the party, with the party, or an employee who customarily serves as the secretary or receptionist of the party. Service may also be made in any other manner provided by law.
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.
Parties may obtain discovery regarding any matter, not privileged, which is relevant to any party's claim or defense, reasonably calculated to lead to the discovery of admissible evidence and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in ...
A Motion to Compel Discovery may be filed by any interested party to request the court order an opposing party or a third party to produce a response to a discovery request for documentation or information.
Motions to Compel A motion to compel can be brought forward to provide compliance with a discovery request or to provide fuller answers, documents, or other evidence that has been requested. Sanctions may be awarded to a party who wins a hearing on a motion to compel discovery.
Requests for production of documents compel the opposing party to produce certain documents in his/her control. Like interrogatories, the response to this request must be provided within 30 days except the Respondent does not have to response any sooner than 45 days from the service of the petition and summons.
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.