A motion to compel discovery is a formal request made by a party to the court, seeking to compel the opposing party to respond to their information or document requests. This is necessary when the opposing party fails to provide the requested information or documents willingly. It is also referred to as a motion to enforce discovery.
A motion to compel discovery is a request for one party to the court to compel the opposing party to respond to their discovery request, which may include answering questions or producing documents. It is also referred to as a motion to enforce discovery. For example, in a lawsuit, if the defendant fails to respond or refuses to provide requested documents, the plaintiff can file a motion to compel discovery, asking the court to force the defendant to comply. This tactic is commonly used in litigation to ensure both parties have access to relevant information.
A Motion to Compel Discovery is a legal request made by one party in a lawsuit to force the opposing party to provide requested information or documents that are relevant to the case.
You can file a Motion to Compel Discovery when the opposing party fails to respond to your discovery requests or provides incomplete or evasive responses.
A Motion to Compel Discovery can be used to compel responses to interrogatories (written questions), requests for production of documents, requests for admissions, and depositions.
Your Motion to Compel Discovery should include a clear and concise explanation of the discovery requests that were made, the opposing party’s failure to respond or provide complete responses, and a request for the court to order the opposing party to comply.
After you file a Motion to Compel Discovery, the court will review the motion and may schedule a hearing to allow both parties to present their arguments. The court will then decide whether to grant or deny the motion.
Yes, if the court grants your Motion to Compel Discovery and the opposing party still fails to comply, you can request sanctions. Sanctions can include fines, attorney’s fees, or even dismissal of the opposing party’s claims or defences.
In most cases, you are required to make a good faith effort to resolve discovery disputes informally before filing a Motion to Compel Discovery. This can involve communicating with the opposing party or participating in mediation or settlement conferences.
No, a Motion to Compel Discovery cannot be used to obtain information that is protected by attorney-client privilege, work product privilege, or any other legally recognized privilege.
Yes, the opposing party can object to a Motion to Compel Discovery by providing valid reasons for their failure to respond or comply with the discovery requests. Common objections include privilege, relevance, and burdensomeness.
Yes, you can file a Motion to Compel Discovery even if the opposing party has provided some responses. If their responses are incomplete or evasive, you can seek a court order to compel them to provide complete and proper responses.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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