Can a moving party file a motion to compel?
If the lawyers are unable to find a resolution between themselves, the moving party will file a motion to compel to request from the court an order compelling the other party to share the information needed.
When to request a motion to compel hearing?
A motion to compel hearing can be requested when: 1 A party fails to answer a question propounded 2 A party fails to respond to a discovery request adequately 3 A party objects to a discovery request 4 A party fails to produce documents 5 A party fails to allow an inspection of evidence
When to file a motion to compel or subpoena?
Subpoena duces tecum is a court summon asking a person to communicate and produce documents under pain of penalty. If a person does not comply with such demands, a motion to compel can be filed to order the person to act. Depending on your jurisdiction, your court rules of procedure may be different.
What happens if a motion to compel is denied?
Either the judge grants the motion to compel in full, partially grants it or denies it. If it’s granted or partially granted, the judge will provide a deadline to the other party to communicate the information required by the judge.
How to file motion to compel further responses in California?
Separate statement: All motions to compel further responses in California state court must include a separate statement in accordance with C.R.C., Rule 3.1345, stating the specific discovery request, the response given, the factual and legal reasons for compelling further responses, etc.
Which is an example of motion to compel?
A motion to compel further responses to interrogatories is a prime example. (This is where you’ve received responses to interrogatories, believe them to be incomplete, and you want the court to order the responding party to provide further responses.)
Can a motion to compel discovery be filed in Sacramento?
Although it is possible to include a proposed formal order, the Sacramento County Superior Court typically issues minute orders in response to motions to compel discovery, and does not require a formal order to be submitted. In Sacramento, the Notice of Motion and Motion must
What are the motions to compel further responses to discovery?
Content Requirements Specific to Discovery Motions and/or Motions to Compel Further Responses