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On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost.
Under the C.P.L.R., you may make a motion to compel discovery when a person fails to respond to or comply with your disclosure requests, including: A deposition notice Deposition questions A written demand for discovery and inspection (i.e., document requests) Written interrogatories See N.Y. C.P.L.R. 3124.
Legal Definition compel. transitive verb. com​pel kəm-ˈpel. compelled; compelling. : to cause to do or occur by overwhelming pressure and especially by authority or law.
A party may move to compel if a deponent fails to answer a question, a corporation or other entity fails to designate a party to testify, a party fails to answer an interrogatory, or if a party in response to a request for inspection fails to respond that inspection will be permitted as requested or fails to permit
If a party or a partys attorney fails to participate in good faith in the development and submission of a proposed discovery plan as required by Rule 26(f), the court may, after opportunity for hearing, require such party or attorney to pay to any other party the reasonable expenses, including attorneys fees, caused
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In California criminal law, a motion to compel discovery is a critical tool used by defense attorneys to ensure they have access to all the evidence in a case. This motion is particularly relevant under the California Penal Code 1054, which governs the discovery process in criminal cases.
Throughout the entire state of Florida a Motion to Compel is pretty much the same. After the motion is filed the person trying to enforce the disclosure schedules a short hearing and asks the judge to enforce the issue.
If the court grants your attorneys motion to compel discovery, the other party must comply with the judges order and supply the requested materials within any deadline specified. If they fail to do so, sanctions can be issued in varying levels of severity depending on how egregious their noncompliance was.

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