Tennessee Motion to Compel and For Attorney's Fees and Expenses

State:
Multi-State
Control #:
US-MOT-01420
Format:
Word; 
Rich Text
Instant download

Description

This form is a Motion to Compel and for Attorney's Fees and Expenses. Plaintiff requests that the court compel the defendant to respond to certain interrogatories and produce certain documents for review. The plaintiff also demands that the court compel defendant to pay all attorney's fees and expenses. The form also contains a Certificate of Service.
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FAQ

(1) A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a non-party witness subject to the subpoena and shall provide the non-party witness at least twenty-one (21) days after service of the subpoena to respond, absent agreement of ... Rule 45.07: Protection of Persons Subject to Subpoena. tncourts.gov ? rules ? rules-civil-procedure tncourts.gov ? rules ? rules-civil-procedure

§ 45.07. Every subpoena issued and served under any part of this Rule 45 for testimony, books, papers, documents, or tangible things must command the witness to appear at a trial, hearing, or deposition unless otherwise provided by statute or by agreement of all parties.

If a person served with a subpoena wishes to challenge it for any reason, a motion to quash or modify must be filed within fourteen days of service, unless the time for compliance is less than fourteen days from the date of service, in which event the motion to quash or modify must be filed before the date and time ...

(1) At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the action is pending, and such a subpoena may be served at any place within the state.

A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) APPROPRIATE COURT. An application for an order to a party or to a deponent who is not a party, may be made to the court in which the action is pending. Rule 37.01: Motion for Order Compelling Discovery. Tennessee Administrative Office of the Courts (.gov) ? rules ? rules-civil-procedure Tennessee Administrative Office of the Courts (.gov) ? rules ? rules-civil-procedure

The subpoena power of Tennessee Rule of Civil Procedure 45.02 allows a party pending litigation to ?command? a non-party to produce documents, papers, and records (including electronic data). A party in litigation seeking tax returns from a non-party would proceed under this Rule.

(c) Contents of the Motion 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. 5.8 - Motions to Compel Responses to Discovery - Department of Justice justice.gov ? eoir ? ocaho ? chapter-5 justice.gov ? eoir ? ocaho ? chapter-5

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Tennessee Motion to Compel and For Attorney's Fees and Expenses