Oakland Michigan Motion to Quash Discovery - Motion for Protective Order

State:
Michigan
County:
Oakland
Control #:
MI-00033
Format:
Word; 
Rich Text
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A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Quash Discovery/Motion for Protective Order, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MI-00033


Oakland County, Michigan Motion to Quash Discovery — Motion for Protective Order In legal proceedings in Oakland County, Michigan, a Motion to Quash Discovery and a Motion for Protective Order are commonly used to protect the interests of parties involved in a case. These motions are essential tools that can be filed by either the plaintiff or the defendant to secure the confidentiality of sensitive information or to challenge the validity and scope of discovery requests made by the opposing party. A Motion to Quash Discovery seeks to challenge and nullify specific demands for information or requests for documents made during the discovery phase of a lawsuit. It aims to demonstrate to the court that the requests are improper, burdensome, irrelevant, or violate the rules of discovery. By filing this motion, the party hopes to prevent the opposing party from obtaining certain information or documents that they believe could be damaging or detrimental to their case. On the other hand, a Motion for Protective Order requests a court-issued order to protect a party or witness from unnecessary annoyance, embarrassment, oppression, or undue burden resulting from the discovery process. This motion aims to shield individuals from producing certain confidential, privileged, or proprietary information that should be protected. The party filing this motion must present compelling reasons to convince the court that the requested protective order is necessary to prevent harm, maintain privacy, or adhere to legal privileges. There can be different types of motions to quash discovery and motions for protective orders, depending on the specific circumstances and issues at hand. Some commonly encountered types include: 1. Motions to Quash Subpoenas: Subpoenas may be challenged if they are overly broad, burdensome, or lack legal justification for demanding certain information or documents. 2. Motions to Quash Interrogatories: Interrogatories are written questions that parties may pose to each other, seeking factual information and details related to the case. If the questions are overly burdensome, seek privileged information, or are irrelevant, a motion to quash can be filed. 3. Motions to Quash Requests for Admission: Requests for Admission are statements presented during the discovery process, where parties are asked to admit or deny certain facts. A motion to quash can be used to challenge the validity, relevance, or appropriateness of these requests. 4. Motions for Protective Order for Trade Secrets: In cases involving issues of trade secrets or confidential business information, a motion for a protective order may be filed to prevent the disclosure or dissemination of sensitive information to safeguard a party's economic interests. 5. Motions for a Protective Order for Personal or Medical Records: When personal or medical records are requested during discovery, a motion for a protective order may be filed to protect the privacy and confidentiality of such sensitive information. It is crucial for parties involved in litigation in Oakland County, Michigan, to understand the intricacies of filing a Motion to Quash Discovery or a Motion for Protective Order. Consulting with an experienced attorney who specializes in civil litigation can provide valuable guidance in navigating these complex motions and ensuring the protection of your legal rights and interests.

Oakland County, Michigan Motion to Quash Discovery — Motion for Protective Order In legal proceedings in Oakland County, Michigan, a Motion to Quash Discovery and a Motion for Protective Order are commonly used to protect the interests of parties involved in a case. These motions are essential tools that can be filed by either the plaintiff or the defendant to secure the confidentiality of sensitive information or to challenge the validity and scope of discovery requests made by the opposing party. A Motion to Quash Discovery seeks to challenge and nullify specific demands for information or requests for documents made during the discovery phase of a lawsuit. It aims to demonstrate to the court that the requests are improper, burdensome, irrelevant, or violate the rules of discovery. By filing this motion, the party hopes to prevent the opposing party from obtaining certain information or documents that they believe could be damaging or detrimental to their case. On the other hand, a Motion for Protective Order requests a court-issued order to protect a party or witness from unnecessary annoyance, embarrassment, oppression, or undue burden resulting from the discovery process. This motion aims to shield individuals from producing certain confidential, privileged, or proprietary information that should be protected. The party filing this motion must present compelling reasons to convince the court that the requested protective order is necessary to prevent harm, maintain privacy, or adhere to legal privileges. There can be different types of motions to quash discovery and motions for protective orders, depending on the specific circumstances and issues at hand. Some commonly encountered types include: 1. Motions to Quash Subpoenas: Subpoenas may be challenged if they are overly broad, burdensome, or lack legal justification for demanding certain information or documents. 2. Motions to Quash Interrogatories: Interrogatories are written questions that parties may pose to each other, seeking factual information and details related to the case. If the questions are overly burdensome, seek privileged information, or are irrelevant, a motion to quash can be filed. 3. Motions to Quash Requests for Admission: Requests for Admission are statements presented during the discovery process, where parties are asked to admit or deny certain facts. A motion to quash can be used to challenge the validity, relevance, or appropriateness of these requests. 4. Motions for Protective Order for Trade Secrets: In cases involving issues of trade secrets or confidential business information, a motion for a protective order may be filed to prevent the disclosure or dissemination of sensitive information to safeguard a party's economic interests. 5. Motions for a Protective Order for Personal or Medical Records: When personal or medical records are requested during discovery, a motion for a protective order may be filed to protect the privacy and confidentiality of such sensitive information. It is crucial for parties involved in litigation in Oakland County, Michigan, to understand the intricacies of filing a Motion to Quash Discovery or a Motion for Protective Order. Consulting with an experienced attorney who specializes in civil litigation can provide valuable guidance in navigating these complex motions and ensuring the protection of your legal rights and interests.

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Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.

To avoid delaying trial and inconveniencing the witnesses, all motions for disqualification must be filed within 14 days of the discovery of the grounds for disqualification. If the discovery is made within 14 days of the trial date, the motion must be made forthwith.

You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.

If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You ?serve? (mail) your motion to the other side.

You must file the motion with the Clerk of Court located on the first floor of the Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113-1664. You will be required to pay a ?filing fee? to the Clerk of Court at the time you file the motion. Please refer to Local Rule 1 of this Court's Rules for the correct amount.

A claim brought pursuant to the discovery rule must be commenced at any time within 6 months after the plaintiff discovers or should have discovered the existence of the claim, according to MCL 600.5838a(2).

If the motion is based on the failure to serve answers, proof of service of the interrogatories must be filed with the motion. The motion must state that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.

If the Court issues an order/notice setting a motion to withdraw for hearing, the attorney seeking to withdraw must certify to the Court in writing that he/she served a copy of the order/notice upon the client(s) or has otherwise timely informed the client of the date, time and place of the hearing by reliable means.

(4) The party on whom the interrogatories are served must serve the answers and objections, if any, on all other parties within 28 days after the interrogatories are served, except that a defendant may serve answers within 42 days after being served with the summons and complaint.

File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.

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The Civil Discovery Act provides litigants with the right to broad discovery. Sunil R. Kulkarni.Supervising Judge, Santa Clara County Superior Court. The Two Faces of State Farm. BY: JAKE YEATER, The Mike Morse Law Firm, Southfield. Get free access to the complete judgment in COUNTY OF OAKLAND v. A motion for an order of access. A motion is a written request to the court to take a certain action.

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Oakland Michigan Motion to Quash Discovery - Motion for Protective Order