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People also ask
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What happens after a motion to compel has been filed?
Opposing counsel may but does not have to respond to the motion to compel. The court at the hearing will then enter an order on the motion to compel and will likely issue sanctions against the other party.
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What does it mean when a motion is granted?
The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.
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What is the purpose of a motion to compel?
If a party or witness fails to adequately respond to a proper request for discovery, the party seeking discovery may file a motion with the ALJ for an order compelling a response in ance with the request.
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What is a motion to compel a plaintiff?
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 happens if someone ignores a motion to compel?
The Judge is also able to impose monetary sanctions against the other party. In some cases, the Judge may enter an order specifying the deadline by which the other party has to comply with the discovery, otherwise the Judge may find that party in contempt of court.
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What does motion mean in a court case?
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.
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What are the plaintiffs in a case?
A plaintiff is the party who initiates a lawsuit in a civil matter. The plaintiff may be an individual or an entity. A plaintiff files a complaint with a court against the defendant, initiating the action.
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Is a motion to compel a bad thing?
While motions to compel are potent tools for obtaining evidence, they should be reserved for situations where alternative discovery methods are impractical. Parties should explore all available options before resorting to formal motions, ensuring the judicious use of court time and resources.
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