![]() Depositions: A formal interview where a party or witness is asked questions under oath, and the answers are recorded by a court reporter.Įach category of discovery has specific rules and procedures that must be followed.Requests for Admission: A request for a party to admit or deny certain facts or allegations.Requests for Production: A request for a party to produce documents, electronically stored information, or tangible items for inspection.Interrogatories: A set of written questions that one party sends to the other party, which must be answered in writing and under oath.There are several categories of discovery that may be used in a lawsuit. By filing a motion to compel, the party seeking the information or evidence can ask the court to intervene and order the other party to comply with the discovery request. If a party fails to comply with a discovery request, the other party may be at a disadvantage in preparing their case. This can include producing documents, answering interrogatories, or providing testimony. In some cases, one party may refuse to comply with a discovery request, and the other party may need to file a motion to compel to force compliance.Ī motion to compel is a legal request asking a court to require a party to comply with a discovery request. The purpose of discovery is to ensure that all parties have access to the relevant facts and evidence necessary to prepare their case. About compelling discoveryĭiscovery is the process by which parties to a lawsuit can obtain information and evidence from each other. In some cases, a hearing may be required to allow the judge to hear arguments from both sides before making a ruling. ![]() This document must be filed with the court and served on the opposing party or their attorney. To file a motion, an attorney must prepare a written document explaining the legal basis for the request and the specific action being sought. This can include requesting a dismissal of the case, requesting a summary judgment, or requesting a ruling on a specific issue. In civil litigation, a motion can be filed by either party, and it asks the court to take specific action. In the legal system, motions are a formal request for a judge to make a ruling or take some other action in a case. This can be particularly useful in cases where a party is attempting to settle the dispute out of court. For example, if one party knows that the other party has important information or evidence that has not been disclosed, they may file a motion to compel to force the other party to produce it. In some cases, a party may file a motion to compel as a strategic tool. How Is A Motion To Compel Used In Legal Proceedings?Ī motion to compel is a tool that can be used to ensure that all parties to a lawsuit have access to the information and evidence they need to prepare their case. If the parties are unable to resolve the dispute, the party seeking the information or evidence may file a motion to compel. In some cases, a party may object to a discovery request, arguing that it is irrelevant, overly broad, or privileged. ![]() ![]() This can occur when a party refuses to produce documents, fails to answer interrogatories, or refuses to provide testimony. A motion to compel can be filed when a party fails to comply with a discovery request.
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