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.
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.
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.
Get a new attorney and have the new attorney ask for time to get into the case.
If a witness for the plaintiff does not show up for a deposition in a foreclosure case, the court may issue a subpoena to compel their attendance. Failure to comply may result in sanctions such as fines or a bench warrant. It could also weaken the plaintiff's case if crucial testimony is missing.
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.
A plaintiff's motion to compel answers to interrogatories is a formal request made to the court, seeking an order to require the opposing party to respond to written questions that are part of the discovery process. This motion is typically filed when the responding party has failed to answer or has provided insufficient responses to the interrogatories. The plaintiff must demonstrate that the interrogatories are relevant and that the opposing party has not complied with their legal obligation to provide complete answers. If granted, the court may order the opposing party to provide the requested information within a specified timeframe.
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.
The noun form of compel is compulsion.
compel
I will compel him to tell the truth.I wish I could compel my cat to come when I call.
You can't compel me to answer this question.
The noun form of "compel" is "compulsion."