
MOTION to COMPEL and for Form


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People also ask
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How serious is a motion to compel?
Parties should also be mindful that filing an unsuccessful motion to compel may constitute a misuse of the discovery process, risking sanctions (Code of Civ. Proc., § 2023.010(h)). The court may impose monetary sanctions against parties or attorneys who unsuccessfully make or oppose a motion to compel (Code Civ.
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Why would a motion to compel be denied?
A judge might deny a motion to compel for several reasons, including: The requested information was not essential to the case. The opposing party already produced the requested material. The motion did not specifically name what materials were being sought.
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What is the burden of a motion to compel?
Motion to Compel- Timing & Requirements In order to show good cause the moving party has to show that his requests are relevant to the subject matter and why such information is necessary. If good cause is shown then the burden of proof shifts to the objecting party to show that his objections are justifiable.
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What happens if someone ignores a motion to compel?
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
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What happens after a motion to compel has been filed?
A motion to compel discovery is a request to the judge to order the prosecution to hand over evidence. If the court grants the motion, the judge will order that the appropriate materials be released on a plan of sanctions such as fines, suppression of evidence, and even a dismissal of the charges.
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What is the purpose of a motion to compel?
The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.
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What is the burden of proof on a motion to compel?
Generally, the proponent of a motion to compel discovery bears the initial burden of proving that the information sought is relevant.
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How to defeat a motion to compel?
You need to give the court a reason to deny the other side's motion to compel. There are many different reasons you could give. Take out your Response to the discovery request. You should have identified reasons in your Response for why you weren't turning over certain information.
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