Kings New York Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel
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How to fill out Defendant's Motion For Protective Order And Response To Plaintiff's Motion To Compel?
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FAQ
A motion to compel asks the court to enforce a request for information relevant to a case.
Oppositions to motions to compel must be filed no later than 9 days before the hearing. Replies must be filed no later than 5 days before the hearing. Service of oppositions and replies require receipt by the opposing party within 1 business day of the filing deadline.
You need to give the court a reason to deny the other side's motion to compel. There are many different reasons you could give. Take out your Response to the discovery request. You should have identified reasons in your Response for why you weren't turning over certain information.
Time in Which to Bring a Motion to Compel Further Responses The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P.
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.
The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P.
Failing To Respond To Discovery Can Lead To A Dismissal Of Your Case With Prejudice. In the practice of law, the discovery phase can be your best friend or your worst nightmare. Interrogatories, requests for documents, and depositions can make or break your case.
After the motion is filed, the person to be examined, and all parties to the case, must be formally served with notice of the hearing that will determine whether or not the order is granted. If granted, the order must be in writing and specify a time, place, manner, conditions and scope of the examinations.
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 is a formal request to the judge in a criminal case to intervene in the pre-trial discovery process and order the government to hand over evidence that it intends to use at trial. In California, discovery is governed by Penal Code Sections 1054 to 1054.10.