This form is a sample motion filed by the defense requesting that the court issue a ruling compelling the plaintiff to produce certain documents at trial.
Colorado Motion to Compel Plaintiffs to Produce Documents at Trial
State:
Multi-State
Control #:
US-PI-0059
Format:
Word;
Rich Text
Instant download
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How to fill out Motion To Compel Plaintiffs To Produce Documents At Trial?
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FAQ
Under C.R.C.P. 34, a document production request must designate and describe what is being sought with sufficient particularity to enable the other party to determine what documents fall within the scope of the request.
A party may file a motion to compel with permission of the Court when the other party unreasonably fails to make disclosures or has been evasive or filed incomplete answers. Permission to file a Motion To Compel may be requested at a status conference. Conferral with the opposing party must occur before a request.
[13] Rule 26 sets the basis for discovery of information by: (1) defining the scope of discovery (26(b)(1)); (2) requiring certain initial disclosures prior to discovery (26(a)(1)); (3) placing presumptive limits on the types of permitted discovery (26(b)(2)); and (4) describing expert disclosure and discovery (26(a)(2 ...
Grounds For Motion ? A party may move to compel the production of documents or things if the response (1) agrees to comply, but compliance is incomplete, (2) the responding party's indication of inability to comply is incomplete, inadequate, or evasive, or (3) an objection to a request is made that is too general or ...
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.
Use a Request for Production when you want the other side to produce documents and things as well as a statement under oath that they have provided the documents or things requested, or what they haven't produced and why.
If a court does order a party to respond to a request for discovery in response to a motion to compel and the party disobeys the order, it can lead to consequences such as another, more serious court order, fines or fees or other procedural rulings that may even affect the outcome of a case.
Rule requires that, unless subpoenaed witness and other parties consent to an alternate arrangement or by other court order, subpoenaed documents be produced only at the deposition, hearing, or trial specified in the subpoena.