
Motion to Compel and for Attorney's Fees and Expenses Form


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People also ask
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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 rule 37 motion to compel?
Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.
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What happens after a motion to compel is 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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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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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 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 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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What are the requirements for a motion to compel?
The notice of any motion to compel must state the following: 1) when and where the hearing will take place; 2) the grounds for the motion, including the specific discovery sought, the statutory authority, and reasons the response is deficient; and 3) the supporting papers (which must also be filed with the motion).
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