Ohio Sample Letter to Clerk for filing Joint Motion for Leave to Propound Additional Discovery
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How to fill out Sample Letter To Clerk For Filing Joint Motion For Leave To Propound Additional Discovery?
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FAQ
The judge will either deny the motion to compel, order the opposition to provide the discovery by a deadline, or will grant in part and deny in part the motion, and will only require some of the discovery to be provided. Other sanctions may also be applied, including payment of attorney's fees or monetary fines.
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.
(b) Good Faith Efforts to Confer Before a party files a motion to compel a response to discovery, the party must make a good faith effort to confer with the person or party allegedly failing to properly respond to a request for discovery in an effort to secure information or material without action by the ALJ.
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
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.
FILING THE MOTION FOR COURT HEARING File the motion with the Clerk of Court located in Room 35 on the ground floor of the Cuyahoga County Courthouse, 1 Lakeside Avenue, Cleveland, Ohio 44113. You will be required to pay a ?filing fee? to the Clerk of Court at the time you file the motion.
37. On notice to other parties and all affected persons, a party may move for an order compelling discovery. The motion shall include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action.
R. 11 governs the signing of pleadings, motions and other documents. For a ?willful? violation of this rule, an attorney or pro se party, upon motion of a party or upon the court's own motion, may be subjected to appropriate action, including an award to the opposing party of expenses and reasonable attorney fees.
