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MOTION TO COMPEL DISCOVERY and NOTICE OF HEARING

MOTION TO COMPEL DISCOVERY and NOTICE OF HEARING 2025

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The document is a legal motion filed by the State of Missouri in the Circuit Court of Buchanan County, requesting the court to compel the defendant to provide discovery as per Supreme Court Rule 25.05. The motion outlines the timeline of events, including the filing of information and requests for disclosure, and states that the State is prejudiced by the defendant's failure to comply, hindering trial preparation. A hearing is scheduled for a specified date, and the State seeks an order for the defendant to respond to discovery requests.

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Is motion to compel good or bad?

Motions to compel are often necessary to set the tone in your case and acquire the documents and information you need to win your case. Grounds: When a party who has propounded discovery believes the responses are inadequate, the propounding party may move for a motion to compel a further response.

Why would a judge deny a motion to compel?

Your attorney must either accept this decision or appeal it and continue pursuing the material through other legal channels. 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.

What happens if a motion to compel discovery is ignored?

If the motion is denied, the court may issue any protective order authorized under Rule 26(c) and must, after giving an opportunity to be heard, require the movant, the attorney filing the motion, or both to pay the party or deponent who opposed the motion its reasonable expenses incurred in opposing the motion,

How to win a motion to compel?

Some of the simple tactics to follow while filing a motion to compel: Act in good Faith. The State and Federal Rules of Civil Procedure require parties to meet and confer before bringing a motion to compel. Thorough Knowledge of the Case. Limit citing voluminous authorities. Avoid Personal Attacks.

What are the consequences of a motion to compel?

In response to the plaintiffs motion to compel, the judge may issue sanctions against the defendant, order payment of attorneys fees for the time and effort spent on the motion, or exclude crucial evidence that could support the defense during trial.

What happens if someone doesnt respond to a motion to compel?

If the opposing party does not answer, then you have to file a motion to compel the opposing party to respond. The party must answer your request if the court orders them to. If the party still does not answer, they can be held in contempt of court and/or a default judgment can be issued in your favor.

Can a judge deny 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.

MOTION TO COMPEL DISCOVERY and NOTICE OF HEARING 2025

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