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What happens if a Plaintiff of a Lawsuit refuses a motion for discovery?
They lose
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.
What does the discovery phase mean in a pending lawsuit?
In any trial a motion for discovery is filed so that each side knows what the other side has for evidence in their case. So in a civil trial the defendant files a motion for discovery to the plaintiff and copies the motion and sends it to the court. The Plaintiff would then respond with any and all information about the case. For example if you are being sued for a contract violation, the plaintiff should send you a copy of the contract that was signed.
What motion do you use to change the defendant to be the plaintiff and plaintiff to be the defendant?
Counterclaim under FRCP 13.
Who can be found in contempt of a court order?
The only one who can file a contempt motion is either the Defendant or Plaintiff. Motion for Contempt is filed when the conditions of a court order have NOT been met and it is a request for immediate (as immediate as you can get through the courts) resolution.
What is the next step if the Plaintiff fails to respond to Motion to Dismiss within the statutory time limit in Florida?
The plaintiff loses.
What is an order denying plaintiff and third-party defendant's motion to compel?
An order denying a plaintiff and third-party defendant's motion to compel indicates that the court has ruled against their request to require the opposing party to produce evidence or comply with discovery requests. This can occur if the court finds the motion lacks merit, is overly broad, or fails to meet legal standards. As a result, the plaintiff and third-party defendant may have to continue the litigation without the sought-after materials. This decision can impact the progression of the case and the strategies employed by the parties involved.
How do you write a court motion?
I am the Plaintiff a Pro Se who submitted Production of Documents and Interrogratory's to the Defendants in a Employment Race Discrimination case. The Defendants refuse to comply with the Court and release to the Plaintiff the Interrogratorys and Production of Documents. The Plaintiff has to write a Motion to Suppress release to the Court in order to get the Court to order the Defendants to complay. How dose the Plaintiff write a Motion to Suppress?
Does the plaintiff have to be in court for a motion to discontinue child support?
Either the plaintiff and/or his or her legal representative must be in attendance or the hearing will be dismissed with or without prejudice.
What if defendants request a time extension from the plaintiff in a Civil Action?
Motion for extension of time or motion for enlargement of time
Is it proper to request an evidentiary hearing in a civil matter when you have not received the requested discovery from Plaintiff but the judge will not dismiss the case based on this fact?
This question touches on several issues. (1) you can file a motion requesting an evidentiary hearing if you like - it will either be granted or denied. (2) If you have filed for discovery then the plaintiff MUST comply with the order - the question then becomes, how much time is enough time to produce it? (3) The judge may not be inclined to do a full dismissal of the case, pending the delivery of the discovery material. How do you KNOW the judge won't dismiss the case? Have you filed a motion for dismissal and been denied? If so, the denial should have stated on what grounds the request was denied.
What is Plantiff's motion for summary judgment in a foreclosure case?
The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.
