![]() ![]() This motion asks the court to force the other side to turn over those documents. You would file a Motion to Compel Discovery if you have asked the other side to turn over documents or answer questions during discovery and they refuse. ![]() If granted, the court will give you a new court date. A notice of motion lets the other side know that you filed a motion with the court.Īn example might be a Motion for a Continuance, which asks the court to postpone a court date because you will be unable to attend or because you will not have the information you need. Motions are electronically filed ( e-file) with the clerk of the court where your case is being heard and are decided by a judge at a motion hearing. Motions ask the court to enter an order to ask for the court's permission to do something or to require the other side to do something. In addition to the Motion to Compel, the lawyer should draft a Motion in Opposition and send a copy to the other side.A motion is a written request to the court to ask for a decision. A Motion to Compel should be handled by an experienced attorney who understands the rules of the law. However, it can also be a frustrating process. A party will also be denied the right to assert a defense if he or she violates the rules.Ī Motion to Compel is an excellent way to get the other side to comply with a discovery request. Similarly, a court can strike a party’s pleadings. The penalties can be severe, especially if a party is found in contempt of court. This can range from monetary fines to criminal penalties. If a party refuses to respond to a motion, the court can impose sanctions. The most important point to remember when filing a Motion to Compel is to follow the appropriate court rules. In the same manner, a party can be penalized for destroying evidence or attempting to mislead the court. If a party is accused of committing a fraud or making a bad transfer of money or assets, a Motion to Compel will probably be required. In addition to a motion to compel, a lawyer may consider filing an opposition to a motion to compel if he or she believes the other side is attempting to pull a fast one. The cost of hiring a discovery master can be high, so be prepared. In Berks County, the presiding judge will generally approve a motion to compel after a discovery master is hired to deal with the dispute. Usually, a Motion to Compel will not be accepted without a good faith effort to resolve the issue.ĭepending on the county, procedures for a Motion to Compel may vary. If there is an objection, the other side will likely raise it at the hearing. Finally, it should include a notice of the hearing. Second, it should include a detailed explanation of the facts. ![]() First, it should include a court summons. This is especially true if the request is for financial data such as a spouse’s salary or investment earnings.Ī Motion to Compel should include a few items. If a spouse is not willing to provide the information requested in the discovery process, it can become expensive to go through the legal process. While there are many different reasons for filing a Motion to Compel, the most common is when a third party refuses to comply with a discovery request. ![]() (Searching for “ Missoula attorney“? Visit our website!) For example, a spouse may refuse to disclose information about their income or assets, which can lead to a Motion to Compel. It can also be used in other types of cases. It is filed when a third party refuses to provide the information needed to resolve the case. It is used most often in the discovery phase of a lawsuit. Basically, a Motion to Compel is a court document that asks a judge to compel a party to do something. ![]()
0 Comments
Leave a Reply. |