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A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.
Include Request for Admissions/Proof of Service: All Motions to Compel Response must have at least two exhibits attached: 1. a copy of the discovery request (including the signed Proof of Service demonstrating the date and method it was served on the responding party) and 2. A copy of your meet & confer correspondence.
Begin with a formal salutation, such as "Dear Honorable Judge [Last Name]." In the opening paragraph, introduce yourself and explain your relationship to the case or the reason for writing the letter. Clearly state the purpose of your letter and the specific request or information you are seeking from the judge.
A paper filed in court notifying the court and the other people involved, that a person (or their lawyer ) is participating in the case .
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.
A request that is filed when a party is not complying with the rules of discovery or disclosure. It must contain a good faith consultation certificate that the person filing tried to resolve the issue with opposing party before filing.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
Your attorney will prepare and file a motion to quash the warrant with the appropriate court. The motion will outline the reasons why the warrant should be quashed and may include supporting documentation and evidence. In some cases, your attorney may request a hearing to present your case before a judge.