Illinois Motion to Compel and For Attorney's Fees and Expenses

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US-MOT-01420
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This form is a Motion to Compel and for Attorney's Fees and Expenses. Plaintiff requests that the court compel the defendant to respond to certain interrogatories and produce certain documents for review. The plaintiff also demands that the court compel defendant to pay all attorney's fees and expenses. The form also contains a Certificate of Service.

Illinois Motion to Compel and For Attorney's Fees and Expenses is a legal procedure used to request the court's approval for compelling the opposing party to fulfill particular discovery obligations during a civil lawsuit in Illinois. This motion can also seek reimbursement for reasonable attorney's fees and expenses incurred due to the opposing party's failure to comply with discovery requests. There are several types of Illinois Motion to Compel and For Attorney's Fees and Expenses that can be filed depending on the circumstances of the case: 1. Motion to Compel Discovery: This motion requests the court to require the opposing party to provide or disclose specific information or documents that have been requested as part of the discovery process. It can be filed when the opposing party fails to respond or provides inadequate responses to discovery requests. 2. Motion to Compel Deposition: If the opposing party refuses or is uncooperative in scheduling or attending a deposition, this motion can be filed to compel their appearance or cooperation. 3. Motion to Compel Interrogatories: When the opposing party does not provide satisfactory responses to written interrogatories (questions), this motion is used to compel them to provide complete and accurate answers. 4. Motion to Compel Physical or Mental Examination: In cases where a party's physical or mental condition is at issue, this motion can be filed to require the opposing party to undergo a medical examination by a qualified professional. 5. Motion for Attorney's Fees and Expenses: This motion requests the court to award attorney's fees and expenses incurred by the prevailing party as a result of the opposing party's failure to comply with discovery obligations. The fees and expenses sought must be reasonable and justified. To file any of these motions, the moving party's attorney must draft a detailed document clearly outlining the reasons for requesting the relief sought. They should provide evidence, legal arguments, and relevant case law, demonstrating to the court why the opposing party's compliance is necessary and why attorney's fees and expenses should be awarded. It is important to consult with an experienced Illinois attorney to ensure that the appropriate motion is filed, and to properly navigate the legal requirements and procedures involved in seeking a motion to compel and for attorney's fees and expenses in Illinois.

Illinois Motion to Compel and For Attorney's Fees and Expenses is a legal procedure used to request the court's approval for compelling the opposing party to fulfill particular discovery obligations during a civil lawsuit in Illinois. This motion can also seek reimbursement for reasonable attorney's fees and expenses incurred due to the opposing party's failure to comply with discovery requests. There are several types of Illinois Motion to Compel and For Attorney's Fees and Expenses that can be filed depending on the circumstances of the case: 1. Motion to Compel Discovery: This motion requests the court to require the opposing party to provide or disclose specific information or documents that have been requested as part of the discovery process. It can be filed when the opposing party fails to respond or provides inadequate responses to discovery requests. 2. Motion to Compel Deposition: If the opposing party refuses or is uncooperative in scheduling or attending a deposition, this motion can be filed to compel their appearance or cooperation. 3. Motion to Compel Interrogatories: When the opposing party does not provide satisfactory responses to written interrogatories (questions), this motion is used to compel them to provide complete and accurate answers. 4. Motion to Compel Physical or Mental Examination: In cases where a party's physical or mental condition is at issue, this motion can be filed to require the opposing party to undergo a medical examination by a qualified professional. 5. Motion for Attorney's Fees and Expenses: This motion requests the court to award attorney's fees and expenses incurred by the prevailing party as a result of the opposing party's failure to comply with discovery obligations. The fees and expenses sought must be reasonable and justified. To file any of these motions, the moving party's attorney must draft a detailed document clearly outlining the reasons for requesting the relief sought. They should provide evidence, legal arguments, and relevant case law, demonstrating to the court why the opposing party's compliance is necessary and why attorney's fees and expenses should be awarded. It is important to consult with an experienced Illinois attorney to ensure that the appropriate motion is filed, and to properly navigate the legal requirements and procedures involved in seeking a motion to compel and for attorney's fees and expenses in Illinois.

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FAQ

A lawyer cannot, under any circumstance, settle your case without your consent.

Once a personal injury lawsuit gets underway, the discovery process will last at least a few months and usually several months longer. In a large, complex case, it can go on for a year or more.

A motion to compel a response to discovery must include: the nature of the questions or request at issue; the response or objections of the party upon whom the request was served; arguments in support of the motion; and.

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.

Second, the discovery phase of litigation is time consuming. The schedules of the parties, witnesses, lawyers and courts all play a role in the delays associated with litigation. There are also legal delays allowed for parties to respond to discovery and take depositions.

Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.

In Illinois, attorneys' fees are not always recoverable, even if you "win" your lawsuit. Illinois is an "American Rule" jurisdiction which means that each party to litigation pays for her or her own attorneys' fees.

Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

Throughout the entire state of Florida a Motion to Compel is pretty much the same. After the motion is filed the person trying to enforce the disclosure schedules a short hearing and asks the judge to enforce the issue.

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A program to help you complete the forms to ask a judge to do something in a case you are involved in. Fee waiver Easy Form. A program to help you fill out the ... ... the refusing party the amount of the reasonable expenses incurred in opposing the motion, including reasonable attorney's fees. (b)Expenses on Refusal to Admit.(a-5) A petition for temporary attorney's fees in a post-judgment case may be heard on a non-evidentiary, summary basis. This subdivision amends the provisions for award of expenses, including reasonable attorney's fees, to the prevailing party or person when a motion is made for ... Jan 3, 2018 — Attorney Fees and Costs for Enforcement of a Court Order in Illinois ... attorney should file a separate fee petition under Section 508(b). The ... (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable ... the reasonable expenses, including attorney's fees, caused by the failure. Download and complete Motion forms from the Illinois Office of the Courts. Defendant filed the motion after Plaintiffs did not respond to certain interrogatories and requests for production. Defendant requested reasonable expenses in ... Sep 28, 2012 — ... the parties to attend hearings on the motion to compel and by requiring Dolan to file a motion for sanctions and petitions for attorney fees. Mar 17, 2023 — Information is obtainable as provided in these rules through any of the following discovery methods: depositions upon oral examination or ...

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Illinois Motion to Compel and For Attorney's Fees and Expenses