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Motion to compel florida pdf 2025

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The document is a Supreme Court opinion from South Dakota regarding an appeal by First National Bank of Omaha against the circuit court's denial of a motion to compel answers to post-judgment interrogatories from Allen Kolucek, who had defaulted on a credit card debt. The court reversed the lower court's decision, stating that First National was entitled to use SDCL 15-6-69 for post-judgment discovery to aid in executing the judgment, and that the interrogatories were properly served by first class mail.

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What is the basis for a motion to compel?

Grounds For Motion A party may move to compel the production of documents or things if the response (1) agrees to comply, but compliance is incomplete, (2) the responding partys indication of inability to comply is incomplete, inadequate, or evasive, or (3) an objection to a request is made that is too general or

What are the elements of a motion to compel?

A motion to compel a response to discovery must include: the nature of the questions or request at issue; the response or objections of the party upon whom the request was served; arguments in support of the motion; and.

What is a good cause for a motion to compel?

Consider Filing a Motion to Compel if: A party fails to answer an interrogatory. A partys response to a discovery request is incomplete or evasive. A person fails to answer a question during a deposition. A non-party objects to a request for documents under a subpoena.

When can a motion to compel be filed?

Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys fees and/or imposing a monetary fine, or they can hamper a partys ability to put on their case.

How to format a motion to compel?

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

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How serious is a motion to compel?

A motion to compel contains: The name of the court. The docket number. The names, addresses, and details of the parties involved. A summary of the case that provides context. A list of discovery requests the opposing party did not comply with. A list of accompanying reasons explaining any non-compliance.

Motion to compel florida pdf 2025

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