This is a common tactic used in litigation to ensure that both parties have access to all relevant information. Motion to Compel Discovery (Federal): Motion or Notice of Motion by Practical Law Litigation Maintained USA (National/Federal) A sample motion or notice of motion to compel discovery under Federal Rule of Civil Procedure (FRCP) 37 (a). The propounding party may move for an order of compelling responses and for monetary sanctions. 2015) is another example of a court granting substantially similar class discovery in a TCPA. A Motion to Compel Discovery Responses in California under CCP 2030.300 is a legal action taken when a party fails to serve timely responses to discovery requests, such as interrogatories or requests for production. The plaintiff is asking the court to intervene and force the defendant to provide the requested documents. 12, the motion to compel is directed to FDS at this time. Definition: A motion to compel discovery is a request made by one party to the court to force the opposing party to respond to their discovery request. For example, the State is also required to disclose exculpatory. If the defendant fails to respond or refuses to provide the requested documents, the plaintiff can file a motion to compel discovery, asking the court to force the defendant to comply with the request.Įxplanation: The example illustrates how a motion to compel discovery can be used when one party fails to respond to a discovery request. STATE OF NORTH CAROLINA ), MOTION TO COMPEL STATE TO. It is also known as a motion to enforce discovery.Įxample: In a lawsuit, the plaintiff may request that the defendant provide certain documents related to the case. This can include answering questions or producing documents. WHEREAS, Rule 1.380 of the Florida Rules of Civil Procedure prescribes the method for applying. Defendant Silverbow Development LLC (Silverbow, and collectively with Inogen and Allum, Defendants) filed a Joinder in the Motion as well as a separate Motion to Dismiss First Amended Complaint for Lack of Subject-Matter Jurisdiction. Definition: A motion to compel discovery is a request made by one party to the court to force the opposing party to respond to their discovery request. Motion to Dismiss, Compel Arbitration, and Stay.
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