Utah Sample Letter conveying Joint Motion for Leave to Propound Additional Discovery
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How to fill out Sample Letter Conveying Joint Motion For Leave To Propound Additional Discovery?
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FAQ
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.
If a party does not respond to a discovery request, the party seeking discovery can file a motion asking the judge to compel discovery and impose sanctions. The party seeking discovery must show the judge that the information is discoverable and that discovery is proportional to the case.
Discovery refers to the process wherein the parties (the State and the defendant) look for information that needs to be disclosed. In a criminal traffic case, the State usually doesn't do much, if any, discovery other than making a generic request to the defendant to make the minimum disclosures required by the rules.
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.
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.
Statement of Discovery Issues: This is a short document explaining to the court that the other side has failed to adequately respond, and asking the court to order them to do so, and pay your attorney's fees for the necessity of filing the motion, or to sanction the other side in some other way.
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.
