A motion to compel is a legal motion whereby one party is asking the judge to issue a court order to the opposing party to take some action. In the context of document production, this would be part of discovery, where one party is refusing to produce some evidence, and the complaining party is trying to force them to produce that evidence. If the order is granted, the noncomplying party may be subject to severe sanctions if the requested documents are not produced, including penalties payable to the court, paying part of the other parties legal fees, and even a judicial conclusion as to the matter at issue.
It is a court order forcing someone to give them specific paperwork that they want.
Very hard to answer this question without knowing what the motion to compel was requiring of you.
They can be found in Contempt of Court, and either jailed or fined or both, depending on the type of case.
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.
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 might a motion to compel impact a pleading
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.
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).
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
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.
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.
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.
Subpoenas are intended to compel the production of documents and/or live testimony.