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The safest method is to contact the clerk of the court in which the case is docketed. Using generic forms is never a good idea as states are not uniform in their requirements of such documents. For example in some states you would need to file Motion To Compel Production of Documents and Sanctions, and/or Motion To Compel Answers To Interrogatories and Sanctions and so forth. The filer must know exactly what is accepted by the court. If the document is not worded and filed correctly it can result in wasted time, expense and perhaps the dismissal or loss of the case.
Wiki User
∙ 18y ago
Wiki User
∙ 9y agoThe foregoing is true, and if there is an official form, it should be used. However, if there is not one, the general language would be as follows (stated in separately numbered paragraphs);--On (date) (Plaintiff/Defendant) sent (form of discovery) to (Plaintiff/Defendant).
--The (Plaintiff/Defendant) has not responded or objected within the time allowed by law.
--Wherefore (Plaintiff/Defendant) requests the Court to enter an order requiring (Plaintiff/Defenand) to respond within X days.
--The style of the case must appear on the top of the motion, and a certificate of service at the bottom, documenting that a copy of the motion was mailed to the other party on a stated date, and it has to be filed by the party filing it with the Clerk of the court. Some jurisdictions require a hearing on these motions and some enter an order granting the motion without a hearing. You should call the court or the judge's judicial assistant to find out, and to ask whether you should file a proposed order granting the motion with the motion.
This is not intended, not should it be construed as legal advice.
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What is the noun form of compel?
The noun form of compel is compulsion.
What is noun form of compel?
compel
What is the abstract noun of compel?
The abstract noun form of the verb to compel is the gerund, compelling. A related abstract noun is compulsion.
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 do you spell cohurst?
The verb form is coerced (from to coerce, to force or compel).
When was Form Activity Motion created?
Form Activity Motion was created on 2008-11-11.
In What form of motion is the hot air balloon?
It is periodic motion
Which form is used to document personnel training?
Form 1098
What is the adjective form of motion?
The adjective form of the word "motion" is "motional", but the word "moving" would probably also work.
What business document has preprinted boxes and blank spaces?
a form
How do you spell form?
That is the correct spelling of "form" (shape or appearance, or a document).
How do you do a motion to compell?
Any "motion" is a request to a court to take some action. Motions to compel occur in the "discovery" phase of a civil case when the parties are allowed to learn about each others positions. Discovery, in general, is intended to facilitate a trial on the facts, rather than by ambush. Discovery in a civil or criminal case is governed by rules of procedure. Among the parameters of the rules is the amount of time within which the non-propounding party has to respond to the discovery request(s) of the propounding party. The discovery can be in the form of interrogatories (written questions), or a request for production of documents. While there are other forms of discovery, these two best illustrate the function of a motion to compel. In short, if the discovery is not provided within the requisite amount of time, or objections to the discovery not timely served within that time, the proponent of the discovery may file a motion to compel. This is a request to the court to require the recipient of the discovery to furnish it to the proponent. An order compelling the discovery generally results from the motion, which gives the party to whom the discovery was sent some additional, usually shorter, amount of time to comply. If there is no compliance with the order, further sanctions can ensue if requested.
