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Motions to compel disclosure or discovery. URCP 37. If a party does not respond to a discovery request, the party seeking discovery can file a motion asking the judge to compel discovery and impose sanctions.
Hear this out loud Pause(Code Civ. Proc., § 1005(b).) A motion to compel must contain: 1) a notice of motion; 2) points and authorities; 3) a separate statement; and 4) a declaration that set forth the good faith meet-and-confer attempts to resolve the matter informally.
Hear this out loud PauseWe 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.
A request for an order must be made by motion. The motion must be in writing unless made during a hearing or trial, must state the relief requested, and must state the grounds for the relief requested. Except for the following, a motion must be made in ance with this rule.
Utah Rule Civil Procedure 56 - Summary Judgment Under the Rule 56 of the Utah Rules of Civil Procedure, a motion for summary judgment is appropriate when there are no genuine issues of material fact.
Hear this out loud PauseCourts 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.
Utah Rule of Civil Procedure 45(e)(4)(A). After an objection is served the person served with the subpoena does not have to comply with the subpoena. The party issuing the subpoena can then ask the court for an order to compel compliance by filing a motion to compel with the court.
Hear this out loud PauseA 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 motion to quash the bindover order is a motion challenging whether the evidence presented at the preliminary hearing is sufficient to support the finding of probable cause. Having an experienced Utah criminal defense attorney on your side can give you the best chance of obtaining a successful outcome in your case.
Upon application of either party and a showing of good cause, the court may allow up to a seven day continuance of the hearing to allow for preparation, including notification to any victims. The court may allow more than seven days with the consent of the defendant.