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Motion and Order to Destroy Files Form
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People also ask
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What consequences can result from a refusal to cooperate with an order compelling discovery?
If the responding party fails to comply with a discovery order, the propounding party is permitted to file an additional motion for discovery sanctions in the form of issue, evidence, and/or terminating sanctions. In addition, the court may order additional monetary sanctions to be paid by the responding party.
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What are the consequences of a motion to compel?
If a motion to compel discovery is granted, the prosecution is legally obligated to provide the requested evidence. Failure to comply can lead to various consequences, including sanctions, case dismissal, or a reversal of a conviction on appeal due to the violation of discovery rights.
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What happens if a motion to compel is ignored?
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 is an order to destroy?
To destroy means to obliterate a court record or file in such a way as to make it permanently irretrievable. A motion or order to expunge shall be treated as a motion or order to destroy.
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Can a motion to compel be denied?
Rule 37(a)(5)(B) provides that, if a court denies a motion to compel, the court “must, after giving an opportunity to be heard, require the movant, the attorney filing the motion, or Case 2:15-cv-00850-KRS-GBW Document 68 Filed 01/27/17 Page 3 of 4 Page 4 4 both to pay the party or deponent who opposed the motion its ...
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What is the order of 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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What is the destruction of evidence law in Texas?
Texas Criminal Law. The Texas Tampering With or Fabricating Physical Evidence law in the state of Texas makes it illegal to alter, destroy, or conceal anything with the intent to make it less useful as evidence in an investigation or official proceeding that you know is pending or in progress.
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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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