Is a motion to compel a pleading or discovery?

Is a motion to compel a pleading or discovery?

A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.

How do I file a motion to compel discovery?

How are motions filed?Motion: A request to the court to issue an order to compel discovery.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.

How long do you have to file a motion to compel?

When inadequate responses have been served, a motion to compel further responses must be filed and served within 45 days of service of the responses or any supplemental responses, or on or before any date to which the parties agree in writing.

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 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 is the purpose of request for answers to 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?

within 30 days

Can an attorney answer interrogatories?

The person who makes the answers must sign them, and the attorney who objects must sign any objections. Under Rule 33, answers to interrogatories must be verified and must be signed by the person answering the interrogatory, not only by the party’s attorney. Hindmon v. Natl.

What is the purpose of interrogatories for a divorce?

Interrogatories are part of the discovery process of divorce. They allow you and your soon-to-be/already ex spouse to ask questions that must be responded to in writing under oath. These answer are then used to determine facts in the case, as well as to question each side if/when the case goes to trial.