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What if a Plaintiff Refuses to answer to a motion for discovery?
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.
Motion to make defendants do something?
A motion to make defendants do something, often referred to as a motion to compel, is a legal request made to the court seeking an order that requires the defendants to take a specific action, such as providing documents or answering interrogatories. This motion is typically filed when one party believes that the other is not complying with discovery obligations or court orders. If granted, the court mandates the defendants to comply with the request, potentially under penalties for non-compliance.
Why do defendants have subpoena power?
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.
Does Plaintiff in a civil case have to prove the debt to a defendant before proceeding to motion to compel discovery?
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.
In my divorce the apposing counsel withhold discovery rule which atty is at fault And my atty wont file motion to compel then what How does that hinder my case?
Sounds like you need a new attorney and to file a judicial complaint against both with the state supreme court.
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 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 compel a BK trustee to take a full cash payment and discharge the BK?
You can compel the BK trustee to take full cash payment and discharge the bankruptcy by going to his/her office in person or setting a court date. Your attorney can advise you the best path to take.
What happens in Providence Rhode Island courts if the motion to compel is ignored?
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.
What is the noun form of compel?
The noun form of compel is compulsion.
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 is noun form of compel?
compel
