Memphis Tennessee Motion to Compel Discovery and Deem Requests for Production
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FAQ
Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody,
If the opposing attorney or party files an opposition to your motion, you may choose to serve and file a reply to the opposition at least five court days prior to the hearing. No fee is required to file a reply.
A motion to compel asks the presiding probate and family judge to order one party to provide the opposing side with evidence related to the divorce proceedings. Such evidence may include: Deposition testimony. Requests for admissions of undisputed facts.
(3) Response. (A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.
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.
Once the court grants the motion to compel, the court will grant the other party a deadline before which the documents or information must be shared. If the person does not respect the order of the court, there may be severe consequences such as the dismissal of the other party's case or being in contempt of court.
After the motion is filed the person trying to enforce the disclosure schedules a short hearing and asks the judge to enforce the issue.
What is Order to Compel Discovery? A motion asking the Court to Order a noncompliant party or witness to respond to a proper and duly served discovery request.
A motion to compel asks the presiding probate and family judge to order one party to provide the opposing side with evidence related to the divorce proceedings. Such evidence may include: Deposition testimony. Requests for admissions of undisputed facts.