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What happens in motion to compel hearing family law case?
A motion to compel hearing in a family law case is when one party asks the court to enforce a prior order or compel the opposing party to comply with a court order, such as providing requested documents or information. Both parties present arguments to the court, and the judge will decide whether to grant the motion and what actions to take to ensure compliance with the court order.
Restoration of interim order after dismissal?
You must file a "motion for reconsideration."
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.
What steps can be taken to compel a third party to comply with a subpoena for motion to compel third party subpoena?
To compel a third party to comply with a subpoena for a motion to compel a third party subpoena, you can file a motion with the court requesting that the third party be ordered to comply. The court may then issue an order directing the third party to provide the requested information or documents. Failure to comply with the court order may result in legal consequences for the third party.
Would if someone files a motion that a judge issues a contempt order and before the hearing the person in contempt is still disobeying the order what happens to?
If you file a motion for contempt on the grounds that the court's order or a judge's order is being flagrantly disobeyed - - and the hearing on the motion is granted - - and the person cited in the motion continues to flagrantly disregard the courts order - - you should continue to keep verifiable records of those events until such time as the hearing is actually held - - and then present them at the hearing as further fproof of the original allegation.
What does a motion to compel mean and how is it used in legal proceedings?
A motion to compel is a request made to a court to force the opposing party to comply with a discovery request or court order. It is used in legal proceedings when one party believes the other party is not providing the necessary information or documents required for the case.
How do you fight a temporary restaining order in Hawaii?
File a motion to request a judicial hearing and contest the order.
How can executors get information from non compliant former power of attorney?
They should file a motion in the probate court to compel the attorney-in-fact to provide a full accounting of their activities and any records or checkbooks that belonged to the decedent. A court order will get the cooperation of the former AIF.They should file a motion in the probate court to compel the attorney-in-fact to provide a full accounting of their activities and any records or checkbooks that belonged to the decedent. A court order will get the cooperation of the former AIF.They should file a motion in the probate court to compel the attorney-in-fact to provide a full accounting of their activities and any records or checkbooks that belonged to the decedent. A court order will get the cooperation of the former AIF.They should file a motion in the probate court to compel the attorney-in-fact to provide a full accounting of their activities and any records or checkbooks that belonged to the decedent. A court order will get the cooperation of the former AIF.
How do you make a motion to quash a Order against harassment?
File a motion with the Clerk of the Court requesting a hearing before the the judge that issued the order. When/If it is granted - then present your argument and reason.
When is a motion contempt filed?
The judge will review your motion and schedule a hearing. Both parties will be subpoeanad to the hearing. The judge will hear testimony from both sides and determine if his previous order(s) have been contemptuously disregarded.
What should I do when a restraining order violates my right?
That, of course, is YOUR opinion. You can file a petition/motion with the court to contest the restraining order. The judge (if they grant your motion) will hold a hearing and determine if the order shoudl be lifted.
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.
