Virginia Motion to Compel and For Attorney's Fees and Expenses is a legal procedure used in Virginia courts to request the court's intervention in compelling the opposing party to comply with certain discovery requests or to seek reimbursement of attorney's fees and expenses incurred due to non-compliance. This motion aims to expedite the discovery process by ensuring that parties provide the requested information and documents as required by the rules of civil procedure. In Virginia, there are different types of Motion to Compel and For Attorney's Fees and Expenses, including: 1. Motion to Compel Discovery Responses: This type of motion is filed when one party believes that the opposing party has not adequately responded to their discovery requests. The moving party asks the court to intervene and order the other party to provide the requested information or documents within a specified timeframe. 2. Motion to Compel Depositions: If one party fails to attend a scheduled deposition or refuses to answer questions during the deposition, the other party can file a Motion to Compel Depositions. This motion asks the court to enforce the deposition and ensure that the non-compliant party participates fully in the discovery process. 3. Motion for Attorney's Fees and Expenses: When a party is forced to file a Motion to Compel due to the opposing party's non-compliance with discovery requests, they may seek reimbursement of attorney's fees and expenses incurred as a result. This motion requests the court to order the non-compliant party to pay for the attorney's fees and expenses reasonably incurred due to the motion. 4. Motion for Sanctions: In more extreme cases where a party repeatedly fails to comply with discovery requests despite the court's previous orders, a Motion for Sanctions can be filed. This motion seeks severe penalties against the non-compliant party, including monetary fines, dismissal of claims or defenses, or other appropriate sanctions. It is important to note that the specific requirements and procedures for filing a Virginia Motion to Compel and For Attorney's Fees and Expenses may vary depending on the court in which the case is being heard and the particular circumstances of the case. Consulting with an experienced attorney is highly recommended understanding the intricacies and requirements of these motions in Virginia.
Virginia Motion to Compel and For Attorney's Fees and Expenses
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Rule 37? Failure to Make Disclosure or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
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.
Before you file your motion, you must first attempt to ?meet and confer? with the opposing counsel or self-represented party.
Elements to keep in mind while filing the Motion to Compel is to mention the nature of the case, identify the question that needs to be answered or the object or document that is needed and explain how it relates to the case, attach the other party's written refusal to make available the information or object, make it ...
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.
(1) A party is under a duty promptly to amend and/or supplement all responses to discovery requests directly addressed to (A) the identity and location of persons having knowledge of discoverable matters, and (B) the identity of each person expected to be called as an expert witness at trial, the subject matter on ...
A motion to compel discovery is a request to the judge to order the prosecution to hand over evidence. If the court grants the motion, the judge will order that the appropriate materials be released on a plan of sanctions such as fines, suppression of evidence, and even a dismissal of the charges.
Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.