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What Happens After a Motion to Compel is Filed? Once a motion to compel is filed, the court will review it and determine whether a hearing is necessary. The court may also issue an order requiring the other party to respond to the motion.
Use Clear and Succinct Language Use language that is understandable, yet concise. Use language that is specific enough to the facts of the case. Avoid using any jargon or legal terms that are not necessary. Keep answers to interrogatories limited to ??yes?? or ??no??, if possible.
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.)
When that happens, a party can file a motion to compel, asking the Court to order the opposing party to produce the contested documents or information. If a motion to compel is granted and the Court orders the information produced, failing to comply with that order can lead to serious consequences.
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
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.
(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.
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.