Subject: Minnesota Sample Letter for Plaintiff's Motion to Compel the Production of the Documents Requested in Plaintiff's Second Request for Production of Documents Keywords: Minnesota, Plaintiff's Motion to Compel, Production of Documents, Second Request for Production of Documents, Sample Letter Dear [Recipient's Name], I am writing to you as the plaintiff in the aforementioned case [Case Name] currently pending in the [Name of Court], situated in the state of Minnesota. I am sharing this detailed description along with a sample letter to support my motion to compel the production of documents requested in Plaintiff's Second Request for Production of Documents. In accordance with the Minnesota Rules of Civil Procedure, specifically Rule 34, my Second Request for Production of Documents was served to the defendant on [Date]. However, despite ample time and opportunities given, the defendant has failed to comply with this request within the designated timeline. As stipulated by the aforementioned rule, a party is obligated to respond and produce requested documents within 30 days of service. However, the defendant has not provided the requested documents or offered any explanation for the delay or non-compliance. Therefore, I am left with no choice but to file a Motion to Compel the production of the documents previously requested. This motion seeks the court's intervention to ensure the defendant fulfills their legal duty to provide the requested documents promptly. [Now, you can describe the main points of your argument in favor of the motion, along with any supporting evidence you may have.] Please find attached a sample letter that outlines the essential elements necessary to compose a Motion to Compel the Production of Documents. This template will guide you through the necessary sections, namely: 1. Caption: Clearly state the court's name, case number, and parties involved. 2. Introduction: Provide a brief background and summarize the current status of the case. 3. Explanation of Non-compliance: Describe the defendant's failure to comply with the Second Request for Production of Documents. 4. Argument: Present a compelling legal argument supporting the necessity of the requested documents in the pursuit of justice. 5. Relief Sought: Clearly state the requested relief, which is for the court to order the defendant to produce the requested documents immediately. 6. Conclusion: Summarize your argument, reaffirm the need for the court's intervention, and express appreciation for the court's attention to this matter. It is important to adapt the sample letter to your case specifics and seek legal counsel if necessary to create an effective motion. I request the court's urgent attention to this matter to ensure that justice is served. Please do not hesitate to contact me if you require any further information or have any questions regarding the motion. Thank you for your prompt assistance. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Your Phone Number] [Your Email Address]
Minnesota Sample Letter for Plaintiff's Motion to Compel the Production of the Documents Requested in Plaintiff's Second Request for Production of Documents
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If you falsely deny a document exists, It is also possible that you might object to one or more of the requests. To raise an objection you would write ?Responding party objects on the grounds? followed by the basis of your objection(s).
If a request asks for a document, make a copy of the document; in your response, describe the document and say that a copy is attached; and attach a copy of the document to the responses you send back to the other side.
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.
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.
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
If the court grants your attorney's motion to compel discovery, the other party must comply with the judge's order and supply the requested materials within any deadline specified. If they fail to do so, sanctions can be issued in varying levels of severity depending on how egregious their noncompliance was.
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer. If the response was served by mail, 5 extra days are added.
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 ...
