This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
A motion to compel asks the court to order the opposing party to respond to discovery by a certain date. These motions are typically acts of last resort, which you should save for when your opponent fails to respond to any of your requests.
Requirements for Motion – The following requirements must be fulfilled for a proper motion to compel interrogatories: Identify the interrogatories in question by name and set number. CRC 3.1345(d). Meet and Confer Declaration Required. CCP 2030.300(b). Separate Statement Required. CRC 3.1345(a)(2).
Motions to compel are often necessary to set the tone in your case and acquire the documents and information you need to win your case. Grounds: When a party who has propounded discovery believes the responses are inadequate, the propounding party may move for a motion to compel a further response.
Some of the simple tactics to follow while filing a motion to compel: Act in good Faith. The State and Federal Rules of Civil Procedure require parties to meet and confer before bringing a motion to compel. Thorough Knowledge of the Case. Limit citing voluminous authorities. Avoid Personal Attacks.
A party may obtain discovery regarding any matter, not privileged, including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons having knowledge of any discoverable matter, if the matter sought is relevant to the ...
This motion is particularly relevant under the California Penal Code 1054, which governs the discovery process in criminal cases. The purpose of this motion is to request an order from a judge that compels the prosecution to provide specific evidence or information pertinent to the defense of the accused.
A party may obtain discovery regarding any matter, not privileged, including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons having knowledge of any discoverable matter, if the matter sought is relevant to the ...
Seek a protective order from the court pursuant to Rule 2-403, which allows a court to enter an order that protects a party from annoyance, embarrassment, oppression, or undue burden or expense related to the discovery request.
In a limited civil case (cases less than $25,000, or $35,000 if filed after Jan. 1, 2024) you may ask each party only 35 questions total, whether they are form interrogatories, special interrogatories, requests for admission, or requests for production of documents.
Discovery refers to the process of getting information from another party (a Plaintiff or a Defendant) before trial. Discovery is a legal tool each party can use to strengthen their case. Through discovery you may receive new information and documents. You may be able to use those documents as evidence at trial.