A Pennsylvania Motion to Compel and For Attorney's Fees and Expenses is a legal document filed in a court of law requesting a judge to order the opposing party to provide information or evidence that has not been received during discovery or to comply with a previous court order. This motion is commonly filed in civil litigation when one party feels that the other party has failed to fully cooperate in the discovery process. Keywords: Pennsylvania, motion to compel, attorney's fees, expenses, legal document, court, judge, opposing party, information, evidence, discovery, civil litigation, cooperate. Types of Pennsylvania Motions to Compel and For Attorney's Fees and Expenses can include: 1. Motion to Compel Discovery: This type of motion is filed when one party believes that the opposing party has intentionally withheld or failed to provide relevant information or documents during the discovery process. The moving party requests the court to compel the opposing party to produce the required documents or answer specific questions. 2. Motion to Compel Compliance with a Court Order: If a party fails to comply with a court order, such as failing to provide requested documents within a specified deadline, the other party can file a motion to compel compliance. This motion asks the court to enforce the previous court order and compel the non-compliant party to fulfill their obligations. 3. Motion for Attorney's Fees and Expenses: After successfully resolving a motion to compel, if the court finds that the opposing party's non-compliance was unjustified, the moving party may request the court to award them attorney's fees and expenses incurred due to the motion. This motion seeks to reimburse the moving party for the additional costs associated with enforcing discovery or court order compliance. In summary, a Pennsylvania Motion to Compel and For Attorney's Fees and Expenses is a legal tool used to ensure compliance and cooperation during the discovery process in civil litigation. It can be categorized into different types such as motion to compel discovery, motion to compel compliance with a court order, and motion for attorney's fees and expenses.
Pennsylvania Motion to Compel and For Attorney's Fees and Expenses
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Certain statutes allow for the recovery of attorneys' fees. Such statutes include the PA Unfair Trade Practices and Consumer Protection Law, the PA Trademark Act, and the PA Uniform Trade Secrets Act.
(1) The party against whom the motion to compel is directed shall file an answer within 5 days of service of the motion absent good cause or, in the alternative, respond orally at the hearing if a timely hearing has been scheduled within the same 5-day period.
Generally, in Pennsylvania attorneys' fees are only recoverable in a successful lawsuit if provided for by contract or statute. This is known as the ?American Rule.? Unless stated otherwise in a contract, each party to a lawsuit pays its own attorneys' fees.
In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party.
Bringing Documents to Examination and Trial However, the parties may agree that certain documents are not necessary at discovery or trial and can mutually decide not to produce them there.
The bad faith exception allows a court in the exercise of its equity powers to award attorney's fees to a party when his opponent has acted in bad faith - in a vexatious or wanton manner or for oppressive reasons.
The hourly fee attorneys charge could range from as low as $50 or $100 per hour to as high as several thousand dollars per hour for specialized legal work performed by a top professional. ing to the Clio 2022 Legal Trends Report, the average attorney hourly rate was $313.00 in 2022.