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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.
A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial.
A subpoena is a written order to compel an individual to give testimony on a particular subject, often before a court, but sometimes in other proceedings (such as a Congressional inquiry). Failure to comply with such an order to appear may be punishable as contempt.
On a motion to compel, ?the burden of proof is with the party objecting to the discovery to establish that the challenged production should not be permitted.? Singletary v.
Subpoena Duces Tecum: An order for a witness to appear at court and bring with them copies of records listed in the Subpoena. Subpoenaing Party: The person or persons causing a Subpoena to be issued or served in connection with any civil action requiring a witness to appear or records to be produced.
A subpoena is a legal document that commands a person or entity to testify as a witness at a specified time and place (at a deposition, trial, or other hearing), and/or to produce documents or other tangible objects in a legal proceeding. Subpoenas are time-sensitive with court-imposed deadlines.
A notice to produce documents is different from a subpoena. The former is a request for information, while the latter is a court order to provide testimony. For specific guidelines on when to issue subpoenas, see FRCP Rule 45.
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.