Most popular

What is a motion to compel answers?

What is a motion to compel answers?

A motion to compel asks the court to enforce a request for information relevant to a case. Here is a general sequence of events leading up to the filing of a motion to compel: The lawsuit officially begins when the Plaintiff initiates a civil action against the Defendant.

When do you file a motion to compel?

There are 19 references cited in this article, which can be found at the bottom of the page. A “motion to compel” is a written motion in which you ask the court to force the other side in a lawsuit to do something. Most often, motions to compel are used in “discovery” disputes when one party doesn’t want to answer questions or sit for a deposition.

Can a court dismiss a motion to compel?

The court has the power to dismiss your case if you fail to respect provide requested information during the discovery phase of the legal proceeding. You can also be condemned for contempt of court if you deliberately refuse to comply with a judgment rendered by the court on a motion to compel.

How does a motion to compel deposition work?

(Code Civ. Proc., § 2025.460 (b).) A motion to compel the deposition of a party to the action must also be accompanied by a meet and confer declaration, or, when the deponent failed to attend the deposition, a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.

Can a motion to compel discovery be granted?

In this example, the Motion to Compel Discovery is not likely to be well received by the court, as Mary prevented her attorney from granting a reasonable extension of time, and no good faith attempt to resolve the issue was made.

Do you have to file a motion to compel?

There is no meet and confer requirement for filing a motion to compel discovery responses.

When to file motion to compel further discovery?

Notably, for a motion to compel further discovery responses, there is a strict 45-day deadline to serve notice of motion to compel further discovery responses; as well as a strict meet and confer requirement prior to filing of the motion. Relevance of verifications – Appleton v. Superior Court (1988), 206 Cal.App.3d 632

What is failure to promptly file motion to compel waives?

Failure to Promptly File a Motion to Compel Waives Discovery Issue. This is a case where a party waited until after discovery closed to file a motion to compel. The court denied the motion on the basis of the unreasonable delay. It also denied a Rule 37 sanctions motion on the basis that the party did not timely move to compel.

When to file a motion to compel or for sanctions?

In considering the timeliness of a motion to compel or for sanctions, the Court considers “such factors as when the movant learned of the discovery violation, how long he waited before bringing it to the court’s attention, and whether discovery has been completed.” Id. at *5 (citing Long v.