Motion to Compel Recorded Statement of Defendant Form
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People also ask
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What is the difference between a motion to compel and a subpoena?
Motion to compel is to compel the defendant to produce paperwork. Subpoena is to compel a non party to appear for deposition and/or produce paperwork.
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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 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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Is a motion to compel a bad thing?
Too often, however, parties fail to make meaningful efforts to respond to written discovery. Motions to compel are powerful tools to educate opposing counsel on, and enforce, discovery obligations. A discovery motion may be required whenever a party is seemingly withholding information.
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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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What is the motion to compel the defendant?
What is a Motion to Compel? A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.
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What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena. Subpoena for the production of documents or subpoena duces tecum requires someone to submit some relevant documents, records or any types of evidence related to the ongoing case to the court (no testimony is needed).
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What are the grounds for motion to compel discovery?
Grounds For Motion – A party may move to compel the production of documents or things if the response (1) agrees to comply, but compliance is incomplete, (2) the responding party's indication of inability to comply is incomplete, inadequate, or evasive, or (3) an objection to a request is made that is too general or ...
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