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How many extensions can be given on a Motion to Compel request from the attorney who has been served with the Motion?
A Motion to Compel is a motion filed by one side, asking the court to Compel the other side to do something. If the side filing the Motion agrees to extend the length of time before the court hearing, it can be granted as many times as the side allows. However, a Motion to Compel is a "last straw" move. An attorney is not likely to file the motion unless the opposing party has refused to cooperate with more cordial methods of obtaining the information. Therefore, once a party is forced to file the motion, it is unlikely that they would be willing to grant an extension of time prior to a court hearing.
Is too late to file motion to compel of subpoena before 7 days of the hearing for child medical insurance contempt dismissal?
yes
What if you get a letter from the court for a motion to compel?
Very hard to answer this question without knowing what the motion to compel was requiring of you.
What is a cross notice?
A Cross-Notice is generally sent from one party in a legal dispute to the other party. It notifies them that an original Hearing will ALSO include another matter. For example - in Family Court, you may have a Hearing for Child Support and a Hearing based on a Motion for Contempt (your ex failed to comply with the last agreement). You have filed Discovery documents for the child support related part but your ex hasn't produced the documents you requested - so you filed a Motion to Compel Discovery - but the courts haven't ruled on it and you need the documents. You would file a Cross-Notice of Hearing to identify that you plan to take up the matter of the Motion to Compel Discovery during the Motion for Contempt Hearing so you can have the documents you need for the Child Support Hearing (assuming it occurs later).
What if a Plaintiff Refuses to answer to a motion for discovery?
If a party refuses to answer Discovery in a civil case, you can file a Motion to Compel, requesting that the court compel them to answer.
How might a motion to compelimpact a pleading?
how might a motion to compel impact a pleading
What can you do if you think that the probate of an estate has taken to long to settle?
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
What is an entry to deny a Motion to Compel?
It means a motion has been filed requesting the court to deny the original Motion to Compel petition or the judge actually denied the motion and it was entered into the court record as such. The exact wording defines which of the actions is being referred to.
How long does it take for the court to sanction a motion to compel that has been ignored past the set date to submit documents?
Filing a Motion, in and of itself, does very little other than give the other party and the court notice of your request for something. Your attorney knows that s/he needs to request a HEARING on the Motion and obtain an Order from the court for it to have any enforceable weight. Filing a Motion to Compel Answers to Interrogetories, for example, tells the opposing party that they owe you answers -- and it tends to indicate that you are serious about getting those answers. In most instances, the opposing party will get busy and answer the interrogatories without a hearing on the matter. But if they don't, you have to request and have a Hearing on the Motion to obtain an "Order to Compel". The court will not sanction a motion, but can only sanction a party who fails to comply with an order. Let's say that you have an Order to Compel by the court that order the other party to answer your discovery request "within 15 days". Those days come and go and you still don't have your discovery. Now it's time to file a Motion for Sanctions, and notice up that motion with a hearing. If the opposing party still fails to comply, and particularly if they fail to show up for the hearing, you will likely be granted monetary sanctions to cover your costs involved in trying to get the discovery to which you are entitled. Each jurisdiction is different, and each judge within each jurisdiction has his or her own way of dealing with these things. You are always better off having an attorney handle these matters for you.
What is a motion of discovery for a dcfs case?
One side, or the other, has made a motion that the opposing side reveal what evidence and witnesses they are going to present at the hearing or trial.
What happens in Providence Rhode Island courts if the motion to compel is ignored?
If a party ignores a motion to compel in Providence Rhode Island courts, the court may issue sanctions such as fines, attorney's fees, or adverse evidentiary rulings. The court may also compel compliance with the requested action or information. Failure to comply with a motion to compel can result in serious consequences for the non-compliant party.
How do you make a motion to quash a Order against harassment?
File a motion with the Clerk of the Court requesting a hearing before the the judge that issued the order. When/If it is granted - then present your argument and reason.
