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The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P. § 2030.300) Sounds simple enough, but it's not. You have to understand when something is deemed served.
The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P.
Step 1: File your Answer/Response to Complaint/Petition with the Circuit Clerk in the county where the court case is filed. you can use to e-file your form. Step 2: Send a copy of your Answer/Response to Complaint/Petition to the other parties.
Motion for Sanctions If the court issues an order compelling discovery, and the party fails to comply with that order, then the court may sanction the party in numerous ways such as refusing to let in the party's evidence at trial, dismissing their lawsuit or striking their defense to a lawsuit, and imposing
After you complete your motion, you must file it with the court.You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case. If a party is represented by an attorney, mail the motion directly to the attorney's office.
Possible outcomes following a motion to compel discovery The requesting party tells the judge why the requested Discovery is pertinent to the case. They demonstrate that the good faith attempt was made to resolve the issue before filing the motion to produce.
There's no exact time limit on how fast a judge must do his work. In the states and federal courts I am familiar with, the lawyer files a motion and sets it for hearing about six weeks later, more or less, depending on the court's docket.
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.
By Practical Law Litigation. A sample statement regarding attempts to resolve discovery disputes under Illinois Supreme Court Rule 201(k) that may be included in a discovery-related motion filed in Illinois circuit court civil litigation.