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Motion to compel discovery form

Sample Motion to Compel Discovery 2025

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The document is a Motion to Compel Discovery filed in a Circuit Court case, where the Plaintiff requests the court to order the Defendant to respond to discovery requests that have been objected to and not complied with. It outlines the background of the case, the attempts made to resolve the dispute, and seeks an order for compliance along with reimbursement of legal expenses.

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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.

What happens if a motion to compel is denied?

What Happens if the Motion is Denied? If the court denies your motion to compel discovery, the opposing party is not obligated to provide the requested materials. Your attorney must either accept this decision or appeal it and continue pursuing the material through other legal channels.

What are the consequences of a motion to compel?

If a motion to compel discovery is granted, the prosecution is legally obligated to provide the requested evidence. Failure to comply can lead to various consequences, including sanctions, case dismissal, or a reversal of a conviction on appeal due to the violation of discovery rights.

What is the deadline for motion to compel after discovery?

[CCP 2031.320(a); CRC 3.1345(b)]. Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].

How do you write a motion to compel discovery?

Elements to keep in mind while filing the Motion to Compel is to mention the nature of the case, identify the question that needs to be answered or the object or document that is needed and explain how it relates to the case, attach the other partys written refusal to make available the information or object, make it

What to do if a judge denies a motion?

You would typically either file a motion for reconsideration or appeal it to the higher court. If you have the order from the court denying it, the time limit for the appeal is normally 30 days.

Why would 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.

Sample Motion to Compel Discovery 2025

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