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That information should be contained in the documents accompanying the court order. If the defendant is unsure of the status of the order he or she should contact the office of the clerk of the court that issued the "MC", immediately. The length of time to respond may be as short as 5 days. Failure to respond to such an order can result in the named person being charged with contempt of a direct order of the court and other penalties.

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โˆ™ 2006-12-12 13:47:10
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Q: How long does a defendant have to answer a 'Motion To Compel' order?
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What can you do if you think that the probate of an estate has taken to long to settle?

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

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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.

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I'm not entirely sure what you're asking, but I'll answer this based on what I think you mean: If the parties in a case have hit a brick wall regarding what one party believes is discoverable, but the other party doesn't, then you file a motion to compel. You can also file it if the 28 or 30 days (depends on court) to answer interrogatories is long passed & you've attempted to get the answers. Most judges do not appreciate being dragged into the discovery phase - so, be sure you've tried to work the problem out with the other party first. Then write your motion and file it with a proposed order for the judge.

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