What does compel mean in legal terms?

What does compel mean in legal terms?

TheLaw.com Law Dictionary & Black’s Law Dictionary 2nd Ed. To require something to be done. For example, a motion to compel evidence that is granted orders a party to produce evidence requested in the motion.

What does motion to compel mediation mean?

A motion to compel asks the court to enforce a request for information relevant to a case. The requesting party files a motion to compel discovery responses if the opposing party continues to deny the discovery request.

What happens if you don’t respond to interrogatories?

Motions to Compel – If a party doesn’t respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.

What does motion to compel arbitration mean?

A motion to compel arbitration is a request made to a court in a pending litigation matter to force a party to submit the dispute to arbitration.

What does motion for discovery mean in court?

To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.

Do cases settle after discovery?

But the usual cases will settle after intensive (and expensive) discovery is concluded, usually a few months before the actual trial, sometimes literally on the steps of the court house or in the first few days of trial if parties are willing to push the settlement envelope as far as they can.

How long does it take to get a motion of discovery?

The parties have 20 to 30 days to answer and produce the documents. The judge can set a time limit on discovery, generally giving the parties 3 to 6 months to complete the process. Sometimes there are discovery disputes that must be resolved by the court.

What is defendant’s demand for discovery?

In a civil case, both parties can demand discovery to get copies of files, documents and other items relevant to the case. If you are a defendant in a criminal case, you can demand discovery and inspection from the prosecutor to get an idea of what evidence the state will use against you.

What comes after discovery in a lawsuit?

After discovery has concluded, if the case does not settle and is not resolved by a motion for summary disposition or judgment, the case will go to trial. Trial requires extensive preparation on the part of attorneys. In a jury trial, the jury is the fact-finder; in a bench trial, the judge decides the facts.

What happens at discovery phase of a trial?

Discovery is the pre-trial phase in a lawsuit in which each party investigates the facts of a case, through the rules of civil procedure, by obtaining evidence from the opposing party and others by means of discovery devices including requests for answers to interrogatories, requests for production of documents and …

What is the point of discovery?

The purpose of discovery is to make the parties aware of the evidence that may be presented at trial. The process prevents “trial by ambush,” where one side does not learn of the other side’s evidence or witnesses until the trial. Taking depositions is one of the most common methods of discovery.

Why settlement is better than trial?

Settlement Damages Are Predictable When two parties agree to a settlement, they come up with their own agreed-upon amount without intervention from a judge or jury. This makes damages relatively predictable. During a trial, on the other hand, damages can escalate much higher according to the decision of the jury.