Rhode Island Defendant's Motion to Compel Discovery Propounded to Plaintiffs
Description
- Contact your defense counsel to discuss the missing discovery items.
- Assess if the request falls under the scope of permissible discovery in Michigan law.
- Formally request the missing items from the opposing party.
- If the opposing party does not comply, prepare the motion to compel, citing specific Michigan defendants' discovery laws and regulations.
- File the motion in the relevant court in Grand Rapids or other jurisdictions as applicable.
- Attend the court hearing and present the motion to compel discovery from the opposing party.
- Potential delay in ongoing criminal prosecution or civil litigation due to additional hearings.
- Risk of court not granting the motion if deemed unnecessary or overly broad.
- Possible strain on relationship with opposing counsel which could affect negotiations or settlements.
| Aspect | Civil Litigation | Criminal Prosecution |
|---|---|---|
| Regularity of Use | High | Moderate |
| Complexity of Information Sought | Often High (e.g., complex corporate data) | Varies (e.g., personal information, case evidence) |
| Potential Consequences of Non-compliance | Sanctions, adverse inferences | Sanctions, potential impact on trial outcomes |
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FAQ
To sanction a party failing to comply with discovery, the court can order attorney's fees, or they can order the fact you are seeking to establish as having been established for purposes of your case, because the other side will not respond to the discovery on this issue.
The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P.
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.
Consequences of Refusing to Provide Evidence Requested in a Motion to Compel. If the court issues an order that compels your spouse to produce the discovery you are seeking but your spouse still refuses to provide evidence, the judge may impose further sanctions such as: A verdict in your favor.
Motion for Sanctions If the court issues an order compelling discovery, and the party fails to comply with that order, then the court may sanction the party in numerous ways such as refusing to let in the party's evidence at trial, dismissing their lawsuit or striking their defense to a lawsuit, and imposing
A motion to compel asks the court to enforce a request for information relevant to a case.The requesting party files a motion to compel discovery responses if the opposing party continues to deny the discovery request.
Hearing on Motion to Compel When a motion to compel is filed with the court, a hearing is scheduled. At the hearing, the party that filed the motion will need to tell the judge why the other party should be compelled to do something.Once that happens, that party will not be able to use the documents at trial.
Consequences of Refusing to Provide Evidence Requested in a Motion to Compel. If the court issues an order that compels your spouse to produce the discovery you are seeking but your spouse still refuses to provide evidence, the judge may impose further sanctions such as: A verdict in your favor.