How long does a defendant have to answer a 'Motion To Compel' order?

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.

Does Plaintiff in a civil case have to prove the debt to a defendant before proceeding to motion to compel discovery?

No. As long as the complaint sets forth sufficient allegations of fact to support a finding that the debt is due and owing the case moves along to the point of discovery. The whole purpose of discovery, and therefore a motion to compel discovery when discovery is refused, is to ascertain the facts supporting the allegations that the debt is due and owing. Another point is that discovery is a process that takes place prior to the trial and the trial is where plaintiff proves its case. Therefore, a motion to compel discovery necessarily precedes proof of the debt.

If defendant fails to reply to summons within 30 day period but reply on the same day I submit a motion for Entry of Default will the defendants reply be valid?

If the defendant does not respond to the suit within 30 days you can get a default judgement. As long as you filed the motion on day 31 or after, your motion will be valid.

How do you respond to a motion to compel in a custody case?

If you are involved in a lawsuit the opposing side is allowed to receive certain documents from you as part of the discovery process. The documents were probably already asked for in a Request for Production. A motion to compel is a motion to the court, which if granted will force you to produce the documents to the opposing counsel, which were asked for in the Request for Production.AnswerA motion to compel may also apply to other forms of discovery, such as a motion to compel responses to interrogatories (written questions), a motion to compel attendance at a deposition, etc. With regard to documents, state discovery laws may require the opponent receiving a document request to provide a "response" to your request for the production of documents. This "response" is to be distinguished from the actual production of the documents. You may have to bring a motion to compel a response if your request receives no response. If you receive some response but think it evasive, you might bring a motion to compel a further response. If you get a response, but the party refuses to produce documents it should produce in accordance with the response, your motion to compel is a motion to compel production.If the court grants the motion to compel, and the party to whom/which the order is directed remains evasive or non-compliant, the other party may file a second motion to compel or a motion for sanctions. Depending upon the degree of noncompliance (or perhaps the attitude of the non-movant or the judge), the court has the power, within reason, to impose one or more categories of sanctions. These can range from yet another order compelling compliance (usually requiring compliance within a shorter time than the first order allowed), to attorney's fees, to deeming, for evidentiary purposes, that the material that would have been produced or stated in answers to interrogatories, was prejudicial to the non-compliant party. There is a great deal of discretion that is usually allowed the trial court judge in determining sanctions, but the sanctions must be commensurate to the violation.

How long should you wait until you file a Motion To Compel after filing a Request to Produce Documents?

most courts require that you first try & resolve the problem without a motion to compel. thus, best thing to do is call the other party or his attorney and 'remind' them the papers are past due (usually 15 to 30 days, depending) give them 30 days to be on the safe side. when you file the motion to compel, put in it that you have contacted the other party and tried to get it resolved to no avail. Terrill Corley Tulsa, OK

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 the opposite of plaintiff?

A respondent.

How do you cancel an Interim Protection Order?

The simple answer is you file a motion to annul, or an agreed motion to annul the order. The long answer is that most of these types of orders are short term and the time required to have the hearing and order issued is longer than the original order; which makes the entire process moot.

How long does it take to quash a motion?

You don't quash a motion. You request that the judge deny the motion.

How long does a defendant have to get a preliminary hearing?

Within 24 to 72 hours af arrest.

Conditional discharge is defined as what by law?

A conditional discharge can be defined as a sentence that is passed to a defendant where they are not convicted of a crime as long as certain conditions are met. If these conditions are not met the defendant will have to be re-sentenced.

How long does a juvenile misdemeanor stay on your record?

A conviction will stay on a defendant's permanent record forever. If it occurred while the defendant was underage, the records will be sealed, however and may be eligible for expungement.