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It depends upon what the exact nature of the motion. If it was filed as a discovery document by legal counsel and the named person did not respond, the next step is to request the court to issue a subpoena duces tecum, which is a direct order of the court, and failure to respond or comply can result in the person being charged with contempt of court fined and/or jailed. If legal counsel or the litigant does not file such a request, the trial will go forward and a verdict will be based on the evidence at hand.
What else can I help you with?
What happens if the motion to compel is ignored?
If there is no response to the motion, the judge still has to consider the legal merits of the motion. However, because he or she would only have the legal arguments of one side to go on, he or she would probably be more inclined to grant it. If the judge grants a motion to compel discovery, and the other side ignores it, they can be held in contempt, or other sanctions can be imposed.
What is a motion to compel in a custody case?
A Motion to Compel is filed by a party seeking information from another party or non-party to a pending lawsuit. The motion essentially asks a judge to require the other party to provide information or documents to the party who filed the motion.
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.
When was Still Life in Motion created?
Still Life in Motion was created on 2001-11-06.
What happens if a party doesn't respond to interrogatories?
You file a motion to compel, and ask the court to order them to do so. You also ask for attorney fees for the cost of bringing the motion. If they still don't do so, you ask for sanctions (such as dismissing their complaint or a defense). Yes, you file a motion to compel - but, attempt to work out the reasons why they haven't responded within the deadline to respond. Most judges do not want to be dragged into discovery disputes. If you can't work it out with the other party, then file a motion to compel. You would not ask for attorney fees as part of that motion to compel. That's an entirely separate issue from discovery. Also, I highly doubt a judge would dismiss an entire claim over a discovery issue. Generally, if the judge is dragged into it, you or your attorney (hopefully you have one) would have a telephone hearing with the judge & other side over why they won't answer the interrogatories. Then the judge makes a ruling on that - sometimes the other side DOES have a legal argument for not answer some of the interrogatories. So, attempt to work out the issue without court involvement, if that doesn't work, file a motion to compel discovery and the court will take it from there.
When defendant answers a complaint without being served by plaintiff must the plaintiff still properly serve complaint?
Yes, the plaintiff must still properly serve the complaint on the defendant. The fact that the defendant answers the complaint without being served does not waive the requirement for proper service. Proper service is necessary to provide notice to the defendant and ensure that they have a fair opportunity to respond to the lawsuit.
What is th opposite of be still?
The opposite of "be still" is "move."
If settling out of court do I still have to answer the summons?
You would not have to answer the summons as long as the plaintiff agrees not to move for entry of a default judgment for you not answering the summons within the appropriate time. Also, if you do reach a settlement be sure that the plaintiff promises to and does dismiss the lawsuit when the money is paid.
What is Plaintiff's application is dismissed with costs?
I think this means when the Plaintiff's case is dismissed, meaning the court is not going forward with the charges, and with the costs, means the Plaintiff is responsible for the court costs. Usually this is done when the court feels the case isn't supported by facts, or evidence, or that the case shouldn't have been filed to begin with. Now it has been a while since a worked in the court system, but I think this still holds water.
What is Georgia's last clear chance rule under its comparative negligence laws?
Nothing in this post constitutes legal advice. Georgia generally applies a modified comparative negligence approach in apportioning fault in negligence actions. A plaintiff can recover his damages from a negligent defendant discounted by the plaintiff's percentage of fault; however, when the plaintiff's fault is greater than the defendant's the plaintiff cannot recover. So, where a plaintiff's injuries amount to $100,000, and the plaintiff is found to be 30% at fault and the defendant 70%, the plaintiff can recover in the amount of $70,000. If the plaintiff were 51% at fault and the defendant 49%, the plaintiff would recover nothing. Although Last Clear Chance is a doctrine more commonly associated with contributory negligence jurisdictions (where any negligence on the part of the plaintiff is a complete bar to recovery), Georgia preserves it and applies it both to the plaintiff and the defendant. Notwithstanding the comparative negligence rule discussed above, if a plaintiff, through the exercise of reasonable care, could have avoided the consequences of the defendant's prior negligence but failed to do so, he will be completely barred from recovery, regardless of the defendant's percentage of fault. Conversely, even though a plaintiff's negligence contributes to the incident, if the defendant had the last clear chance to avoid harm, but failed to do so because he did not exercise reasonable care, the defendant can be held liable to the full extent of plaintiff's damages (i.e., not discounted for plaintiff's degree of fault).
What are the release dates for Still in Motion - 2011?
Still in Motion - 2011 was released on: USA: 10 September 2011 (DC Shorts Film Festival)
Can I refuse to accept a summons on a bad debt?
Of course. All the plaintiff will need to do however, is publish the summons in the paper and you will still be considered served.
