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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.
The motion to compel further responses has to be brought within 45 days of service of the response.
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.
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.
(i) A party that files a complaint, counterclaim, cross-claim, or third-party complaint must serve its initial disclosures within 14 days after any opposing party files an answer to that pleading.
File the Notice of Hearing and Motion at the Oakland County Clerks Office (ground floor of the courthouse) and pay the appropriate fee. 3. You must serve a copy of this Notice of Hearing and Motion on the other party by mailing it to them at least 9 days before the motion is scheduled to be heard.
Create a legal heading for your motion.Capitalize your title head.Declare the facts.Write the memorandum using the law and legal precedent to plead your case.Conclude the motion with a brief summary of your request.
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.
The opposing party/counsel shall have 15 days after being served with both the motion and the notice to file a response.
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