This form is an Ex Parte Application and Memorandum for Expedited Discovery usable in cases with claims regarding licensing, patents, or commercial trade secrets.
This form is an Ex Parte Application and Memorandum for Expedited Discovery usable in cases with claims regarding licensing, patents, or commercial trade secrets.
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If a party withholds discoverable information by claiming that it is privileged or prepared in anticipation of litigation or for trial, the party must make the claim expressly and must describe the nature of the documents, communications, or things not produced in a manner that, without revealing the information itself ...
If the court grants your attorney's motion to compel discovery, the other party must comply with the judge's order and supply the requested materials within any deadline specified. If they fail to do so, sanctions can be issued in varying levels of severity depending on how egregious their noncompliance was.
The motion [to compel disclosure] must include a certification that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.
(1) Sanctions Sought in the District Where the Deposition Is Taken. If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court.
If a party or witness fails to adequately respond to a proper request for discovery, the party seeking discovery may file a motion with the ALJ for an order compelling a response in ance with the request.
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.
How To Request Discovery Submit a discovery request to the County Attorney's Office AND the court where the case is pending. At the bottom of this page you can download generic discovery request forms for District Court and Justice Court cases. ... Pay the required discovery fee. Click here to go to the payment portal.
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer. If the response was served by mail, 5 extra days are added.