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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.
To request a continuance in your criminal or traffic case, use either the fillable ELECTRONIC CONTINUANCE REQUEST FORM FOR CRIMINAL CASES or you may download a digital copy of CRIMINAL FORM 35 to fill out and email or fax to the court of jurisdiction.
To make such a request is "to appeal" or "to take an appeal." Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
1 A motion to dismiss challenges the right of the claimant to prosecute his or her claim due to some deficiency in the pleading, manner of service, or venue. Defenses that may be raised by a motion to dismiss are as follows. Lack of Jurisdiction Over the Person.
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 answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party's objections, or argument showing why the party's answers to the discovery requests at issue were sufficient.
Motion to Compel Discovery ? A party's request that the Court order the party's opponent to respond to the party's discovery request. Discovery in a lawsuit is a way to learn more about your opponent's case.
When that happens, a party can file a motion to compel, asking the Court to order the opposing party to produce the contested documents or information. If a motion to compel is granted and the Court orders the information produced, failing to comply with that order can lead to serious consequences.