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Click ‘Get Form’ to open the motion compel document in the editor.
Begin by filling in the 'Plaintiffs' and 'Defendant' sections at the top of the form. Ensure you accurately enter the names as they appear in your case.
In section one, provide details about the plaintiff's injuries and any relevant surgeries. Be specific about dates and outcomes to strengthen your argument.
For section two, list any evidence you wish to request, such as photographs. Clearly state what you need and why it is pertinent to your case.
Complete section three by confirming any attached documents, like deposition excerpts. Make sure these are correctly referenced.
Finally, sign and date the document in the designated area at the bottom before submitting it for review.
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If a party or witness fails to adequately respond to a proper request for discovery, the party seeking discovery may file a motion with the ALJ for an order compelling a response in accordance with the request. 5.8 - Motions to Compel Responses to Discovery - Department of Justice justice.gov eoir ocaho chapter-5 justice.gov eoir ocaho chapter-5
Does a judge have to approve a motion to compel?
A judge might deny a motion to compel for several reasons, including: The requested information was not essential to the case. The opposing party already produced the requested material. The motion did not specifically name what materials were being sought.
How long does a motion to compel take?
If there was no hearing, you can generally expect an order on the motion within 30 days, depending on the judges workload. If there was a hearing, the order typically arrives more quickly, usually within 7-10 days.
What happens after a motion to compel is granted?
I, [Insert name of party/attorney], the [petitioner/defendant] hereby move for an order compelling the [petitioner/defendant] to produce the following outstanding discovery regarding the case stated above. (optional) The [jurisdiction] Rules of Discovery, [Insert Rule], allow for such a discovery. Motion To Compel: Templates Samples - Gavel.io gavel.io document-types motion-to-com gavel.io document-types motion-to-com
How serious is a motion to compel?
If a party ignores a motion to compel and the court grants it, they may be ordered to comply and possibly pay sanctions, including the other partys attorneys fees. Continued refusal could lead to harsher consequences, like being held in contempt of court.
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The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.
Related links
Rule 37. Failure to Make Disclosures or to Cooperate in
If a party fails to make a disclosure required by Rule 26(a), any other party may move to compel disclosure and for appropriate sanctions.
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