Utah Motion to Compel Plaintiffs to Produce Documents at Trial

State:
Multi-State
Control #:
US-PI-0059
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion filed by the defense requesting that the court issue a ruling compelling the plaintiff to produce certain documents at trial.
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FAQ

Rule 26(a)(1). Not all information will be known at the outset of a case. If discovery is serving its proper purpose, additional witnesses, documents, and other information will be identified. The scope and the level of detail required in the initial Rule 26(a)(1) disclosures should be viewed in light of this reality.

Rule 58A(a) provides, ?Every judgment and amended judgment must be set out in a separate document ordinarily titled 'Judgment'?or, as appropriate, 'Decree. '? The rule sets out a few exceptions, mostly for post-judgment motions, and it also establishes a clear process for getting the Court to enter the final Judgment.

Use a Request for Production when you want the other side to produce documents and things as well as a statement under oath that they have provided the documents or things requested, or what they haven't produced and why.

The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.

Grounds For Motion ? A party may move to compel the production of documents or things if the response (1) agrees to comply, but compliance is incomplete, (2) the responding party's indication of inability to comply is incomplete, inadequate, or evasive, or (3) an objection to a request is made that is too general or ...

Grounds For Motion ? A party may move to compel the production of documents or things if the response (1) agrees to comply, but compliance is incomplete, (2) the responding party's indication of inability to comply is incomplete, inadequate, or evasive, or (3) an objection to a request is made that is too general or ...

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.

This rule applies to the dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under paragraph (a)(1) must be made before a responsive pleading is served or, if there is no responsive pleading, before evidence is introduced at a trial or hearing.

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Utah Motion to Compel Plaintiffs to Produce Documents at Trial