motion to compel answers to interrogatories

The requesting party tells the judge why the requested Discovery is pertinent to the case.On Motion day, both sides present their case before the court: Possible outcomes following a motion to compel discovery Subpoena : A court summons requiring a witness to appear for deposition or court or for a person or entity to produce documents.Again, all responses are written and provided under oath. Request for Admissions : A written request for specific facts to be provided.All responses are written and are under oath. Interrogatories : Written questions sent to the other party.

Deposition : An in-person interview under oath occurring outside of court.Requests for Production of Documents: These include specific documents or tangible items (as in video or audio recordings, bank statements, tax documents, letters, emails, etc.).There are different categories of discovery, which include: If the opposition requests a reasonable extension of time, the requesting party would be expected to permit this, “in good faith.” Different categories of “discovery”Įach party will propound discovery relevant to the case from the opposing side. This effort, commonly referred to as a “meet and confer,” can be an in-person meeting, but may sometimes also take form in a written notice. Before a party resorts to filing a motion to compel, the court often expects the requesting side provides a “good faith effort” to obtain a response from the opposition. Other situations may warrant a motion to compel, including incomplete responses, skipped questions, or an outright refusal to answer. If one side neglects to respond to requests for discovery by the deadline, the requesting party may choose to file a motion to compel discovery. Each side reviews propounded discovery, using it to build their case. About compelling discoveryĭiscovery is a key step in the legal process, allowing each party to request specific information from the other party. The opposing side will receive copies of the documents as well. Notice of hearing : A written notice provided to the opposing side informing that the motion to compel has been filed with the court, including the date and time of Motion day.Īfter preparing the documentation, the originals are then submitted to the court.Points and Authorities : Supporting documentation for the motion detailing the submitted request for discovery, the opposing side’s failure to comply, and an explanation of why the discovery is relevant to the case.Motion : A request to the court to issue an order to compel discovery.To file a motion for order compelling discovery, you’ll usually need to prepare the following (depending on the local court’s rules): The requesting party files a motion to compel discovery responses if the opposing party continues to deny the discovery request.“Meet and confer”: an informal attempt is made to resolve disputes about the discovery request.One of the parties does not cooperate, refusing to answer requests for discovery appropriately, or fails to respond by the deadline.Each party is required to respond to requests by a specified deadline. Discovery requests: parties submit requests for evidence, documents, and other relevant information from the opposition.The lawsuit officially begins when the Plaintiff initiates a civil action against the Defendant.Here is a general sequence of events leading up to the filing of a motion to compel : What is a motion to compel ?Ī motion to compel asks the court to enforce a request for information relevant to a case. What does motion to compel mean and how does the process work? If you find yourself entangled in the legal process, read further for an overview of what a motion to compel entails. If one party is uncooperative with a request for information, the opposing party may file a motion to compel. Before the trial even begins, disputes can occur during the discovery process, however. In the early stages of what is known as the discovery process, there is an exchange of information and evidence from the two opposing parties. After a personal injury accident, the ensuing legal process can be a lengthy and complicated ordeal.

Motion to compel answers to interrogatories