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What is discovery motion?
A motion for discovery is when a request is put in to the court to order the opposing part to produce discovery materials. Depending on whether the matter is a criminal or civil case discovery materials vary.
What happens if the defendant does not provide responses to my discovery requests?
If the defendant does not provide responses to your discovery requests, you can file a motion to compel with the court. This motion asks the court to order the defendant to respond to your requests. Failure to comply with a court order to provide discovery can result in sanctions against the defendant, such as fines or dismissal of their case.
What is motion for additional discovery?
A motion for additional discovery is a request to the court for more than the standard amount of discovery under that court's rules of procedure. Typically, in order to avoid expense and consumption of time, court rules limit the amount of discovery one party may take and the amount of time within which to do it. An example is a witness or party is normally deposed only once. Only one set of Interrogatories are served on a party. If discovery reveals unforeseen but relevant facts that have not been covered by deposition and interrogatories already served, a party make make a motion for an order to be allowed additional discovery to look into those facts
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.
What can a party do when the other side fails to respond to discovery requests?
When one party fails to respond to discovery requests, the other party can file a motion to compel with the court. This motion asks the court to order the non-responsive party to provide the requested information. Failure to comply with a court order can result in sanctions against the non-responsive party.
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 does the prosecution have to turn over information once a motion for discovery has been filed?
The timeframe is usually specified in the order - otherwise as soon as is reasonably possible.
Do you have to notify the defendant in advance before filing a motion for protective order?
I'm certain the the court has rules of procedure that address this, and the canon's of legal ethics should apply. One way or the other the other side will have to be notified in order to have the opportunity to either rebut it or file a counter-motion.
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.
What is an order of protection?
An order by the criminal court to protect a victim from threats/harassment/violence and often any contact by an arrested offender who is/was a family or household member, parent of the victim's child, or dating the victim. A PO is requested by the prosecutor and usually ends when the case ends. Violation of a PO is an additional crime for which the offender may be arrested. Also: If an objection is made to a discovery request because it seeks information of a sensitive nature, is not relevant, or is harassing in nature, a motion is made for a protective order. A common example is medical information that is clearly irrelevant to the injuries claimed, will not lead to admissible evidence, and which is of a sensitive nature. The court may grant a protective order allowing a party or witness to not comply with a discovery request for that information. In some instances, protective orders may allow the defense attorney to review the information, but will dictate how the information is to be stored, who has access to it, and what happens to the information once the case concludes. A protective order is essentially the same thing as a restraining order or injunction. It's an order granted by the court that protects one individual from another by providing stipulations like how close the offending individual can come, whether or not contact is allowed by phone, etc. It's usually granted to those in fear of physical or emotional danger.
What is motion for discovery?
A motion is a request to the court to enter a particular order. A motion for discovery is a request to the court to order the opposing party to produce discovery materials. Discovery materials differ depending on whether the pending matter is a civil or criminal case. Discovery is generally intended to allow parties to know what to expect at trial. Knowing the other side's case encourages pretrial resolution and facilitates the presentation of evidence at trial. The local state or the federal Rules of Civil Procedure govern what material is discoverable in a civil case and how it can be discovered. In general, discoverable material in civil cases is any material that might lead to evidence that would be admissible in court. In criminal cases, discovery is governed by the Rules as well as by caselaw. A criminal defendant is entitled as a constitutional right to discover anything the prosecution has that tends to show the defendant did not commit the offense charged, even if the prosecution does not believe the evidence. Many state and federal courts have open file discovery, which means that defense counsel can see the prosecution's file. Giving copies to the client-defendant, however, can be limited or even forbidden. (See e.g., local rules of the Federal District Courts in the Western District of North Carolina.) Contrary to the original posting here, Grand Jury material is generally not discoverable. Grand Jury proceedings are sealed and confidential except in very rare circumstances.
Can a person with a protective order contact the violater?
No because it is an ORDER and an ORDER must be carried out. The protective order is set in place to protect you and the accused.
