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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.
Defendant served (1) objections to the discovery; (2) without substantive answers; and (3) without a verification to the response. Generally, the Court held that a motion to compel further discovery responses is the proper motion to be brought when the Defendant serves incomplete verified responses.
Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure. Rule 37. Failure to Make Disclosures or to Cooperate in Discovery cornell.edu ? rules ? frcp ? rule_37 cornell.edu ? rules ? frcp ? rule_37
(b) Good Faith Efforts to Confer 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. 5.8 - Motions to Compel Responses to Discovery - Department of Justice justice.gov ? eoir ? ocaho ? chapter-5 justice.gov ? eoir ? ocaho ? chapter-5
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. This is not the time to set out your entire case or defense to the other side. Take the time to make sure your answers are correct and truthful. Responding To The Other Side's Requests For Information Civil Law Self-Help Center ? self-help ? 24... Civil Law Self-Help Center ? self-help ? 24...
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.) Motions to Compel Further Responses to Discovery in California litigationbythenumbers.com ? motion-to-co... litigationbythenumbers.com ? motion-to-co...