This form is a Motion to Compel and for Attorney's Fees and Expenses. Plaintiff requests that the court compel the defendant to respond to certain interrogatories and produce certain documents for review. The plaintiff also demands that the court compel defendant to pay all attorney's fees and expenses. The form also contains a Certificate of Service.
Wake North Carolina Motion to Compel and For Attorney's Fees and Expenses
State:
Multi-State
County:
Wake
Control #:
US-MOT-01420
Format:
Word;
Rich Text
Instant download
Description
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FAQ
The opposing party has a deadline of 14 days after service of a motion to compel to file a response of not more than 20 pages that includes a memorandum of legal authority in opposition to the motion.
Once the court grants the motion to compel, the court will grant the other party a deadline before which the documents or information must be shared. If the person does not respect the order of the court, there may be severe consequences such as the dismissal of the other party's case or being in contempt of court.
The good faith requirement of Rule 37(f) means that a party is not permitted to exploit the routine operation of an information system to thwart discovery obligations by allowing that operation to continue in order to destroy specific stored information that it is required to preserve.
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 presiding probate and family judge to order one party to provide the opposing side with evidence related to the divorce proceedings. Such evidence may include: Deposition testimony. Requests for admissions of undisputed facts.
Throughout the entire state of Florida a Motion to Compel is pretty much the same. After the motion is filed the person trying to enforce the disclosure schedules a short hearing and asks the judge to enforce the issue.
Rule 39. Rule 39. Trial by jury or by the court. (2) The court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes.
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
Courts 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.
Rule 37 provides generally for sanctions against parties or persons unjustifiably resisting discovery.