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Once the court grants the motion to compel, the court will grant the other party a deadline before which the documents or information must be shared. If the person does not respect the order of the court, there may be severe consequences such as the dismissal of the other party's case or being in contempt of court.
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.
You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
(3) Response. (A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to
A motion to compel asks the presiding probate and family judge to order one party to provide the opposing side with evidence related to the divorce proceedings. Such evidence may include: Deposition testimony. Requests for admissions of undisputed facts.
The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P. § 2030.300) Sounds simple enough, but it's not. You have to understand when something is deemed served.
(1) Unless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604(A), 2.612 ), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion.
Create a legal heading for your motion.Capitalize your title head.Declare the facts.Write the memorandum using the law and legal precedent to plead your case.Conclude the motion with a brief summary of your request.