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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.
Remember - (in the US) defendants are considered innocent until PROVEN guilty - and in that regard they are allowed to use the court's subpoena powers to compel the appearance of any and all witnesses that may be of assistance in presenting their side of the case.
Get a new attorney and have the new attorney ask for time to get into the case.
If a witness for the plaintiff does not show up for a deposition in a foreclosure case, the court may issue a subpoena to compel their attendance. Failure to comply may result in sanctions such as fines or a bench warrant. It could also weaken the plaintiff's case if crucial testimony is missing.
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.
The noun form of compel is compulsion.
compel
I will compel him to tell the truth.I wish I could compel my cat to come when I call.
You can't compel me to answer this question.
The plaintiff in a motion to compel is asking the court to make someone do something. If the motion is withdrawn that means the plaintiff has withdrawn that request and that particular matter is over for now.The plaintiff in a motion to compel is asking the court to make someone do something. If the motion is withdrawn that means the plaintiff has withdrawn that request and that particular matter is over for now.The plaintiff in a motion to compel is asking the court to make someone do something. If the motion is withdrawn that means the plaintiff has withdrawn that request and that particular matter is over for now.The plaintiff in a motion to compel is asking the court to make someone do something. If the motion is withdrawn that means the plaintiff has withdrawn that request and that particular matter is over for now.
You cannot refuse a deposition. The court can compel you to attend. Questions are asked under oath and you may be able to "plead the 5th" on some questions if the implicate you in a crime, but you must show up.
The root word from compel is "pel", which means to drive or urge.