A Utah Motion to Compel and For Attorney's Fees and Expenses is a legal document filed in a court case to request the court's intervention in compelling the opposing party to provide requested information or to take certain actions. This motion is commonly used in civil litigation cases where one party believes the other party has failed to fulfill their legal obligations regarding discovery, production of documents, or other necessary responses. The primary objective of a Utah Motion to Compel is to prompt the court to issue an order that compels the opposing party to comply with the discovery requests or other obligations. The motion asserts that the opposing party has failed to respond timely, completely, or accurately. It seeks to ensure that all relevant evidence, documents, or information necessary for the case's resolution is provided. Additionally, a Utah Motion to Compel and For Attorney's Fees and Expenses may include a request for the party filing the motion to be awarded attorney's fees and expenses incurred in pursuing the motion. This is typically sought when the party requesting the motion believes that the opposing party's failure to comply was intentional, in bad faith, or has caused undue delay or unnecessary expenses. There may be different types or variations of Utah Motions to Compel and For Attorney's Fees and Expenses based on the specific nature of the case or the context in which they are filed. Some common variations can include: 1. Motion to Compel Discovery Responses: This motion is filed when one party believes the opposing party has failed to provide complete or timely answers to interrogatories, requests for production of documents, requests for admission, or other discovery methods. 2. Motion to Compel Deposition Testimony: This motion is filed when one party believes the opposing party or a witness is being uncooperative or evasive during the deposition process and seeks the court's assistance to obtain complete and accurate testimony. 3. Motion to Compel Expert Witness Disclosures: This motion is relevant in cases where the opposing party has failed to disclose expert witnesses or provide the required expert witness reports as per the rules of civil procedure. Regardless of the specific type of Utah Motion to Compel and For Attorney's Fees and Expenses, the overall purpose remains the same — to enforce compliance with legal obligations and ensure fair, efficient, and thorough litigation proceedings.
Utah Motion to Compel and For Attorney's Fees and Expenses
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An original claim, counterclaim, cross-claim or third-party claim must contain a short and plain: (1) statement of the claim showing that the party is entitled to relief; and (2) demand for judgment for specified relief. Relief in the alternative or of several different types may be demanded.
At the court's discretion, the court may convene a telephone conference before the hearing to preliminarily address any issues related to the motion, including whether the court would like to order a briefing schedule other than as set forth in this rule.
The examination must be held within a reasonable time, but not later than 14 days if the defendant is in custody for the offense charged and not later than 28 days if the defendant is not in custody. These time periods may be extended by the magistrate for good cause shown.
Rule 26(d). If a party fails to disclose or to supplement timely its discovery responses, that party cannot use the undisclosed witness, document, or material at any hearing or trial, absent proof that non-disclosure was harmless or justified by good cause.
The court shall grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
(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.
A party may not make a motion in a memorandum opposing a motion or in a reply memorandum. A party who objects to evidence in another party's motion or memorandum may not move to strike that evidence. Instead, the party must include in the subsequent memorandum an objection to the evidence.
When a party seeks a judgment, the responding party contests the judgment by presenting at a hearing either evidence or argument, and the party seeking the judgment has established its right to attorney fees, the request for judgment may include a request for attorney fees, and the clerk or the court shall allow any ...