What happens when a motion to compel is filed?
What happens when a motion to compel is filed?
When a motion to compel is filed with the court, a hearing is scheduled. At the hearing, the party that filed the motion will need to tell the judge why the other party should be compelled to do something. Once that happens, that party will not be able to use the documents at trial.
How do you fight a motion to compel?
Simply repeat what you want the court to do. For example, you could write: For the foregoing reasons, Defendant respectfully requests that this Court deny Plaintiff’s Motion To Compel.
What happens if plaintiff does not answer interrogatories?
If the plaintiff does not respond, you can file a motion for order compelling discovery. In the motion: Explain to the judge that you asked the plaintiff to give you documents and, Ask the judge to order the plaintiff to give you the documents you requested.
Do I have to answer all interrogatories?
You must answer each interrogatory separately and fully in writing under oath, unless you object to it. You must explain why you object. You must sign your answers and objections.
What is the point of interrogatories?
In law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.
How long does a defendant have to answer interrogatories?
30 days
Can you ask for documents in an interrogatory?
The issues discussed above in connection with interrogatories are also the issues which you need to cover in your requests for production. However, because requests for production do not yield a written answer, you can ask both for specific documents and for general categories of documents.
What is the difference between discovery and interrogatories?
An interrogatory is part of the discovery process before the trial. The interrogatory is considered to be conducted under oath. Any information provided on it will be seriously reviewed by the court and the lawyers involved. Your lawyer can ask any question that he or she wants on the form.
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.
Can evidence be introduced after discovery?
Upon later discovery, a losing party may assert after-discovered evidence, a.k.a. newly discovered evidence, as grounds for a court to reconsider a motion or order a new trial.
What happens if new evidence is found?
New evidence can be brought to bear during a retrial at a district court. If one is convicted at the district court, the defence can make an appeal on procedural grounds to the supreme court. The supreme court might admit this complaint, and the case will be reopened yet again, at another district court.
What are the exceptions to the double jeopardy rule?
Exceptions to the Double Jeopardy Clause An individual can be tried twice based on the same facts as long as the elements of each crime are different. Different jurisdictions can charge the same individual with the same crime based on the same facts without violating double jeopardy.
Can a case be reopened if it was closed?
In most situations, a personal injury case cannot be reopened once a settlement has been reached. If the personal injury case went to trial, however, the way the case was closed determines whether or not it can be reopened. If a judge closes a case without prejudice, it can be reopened.
