Los Angeles California Motion to Compel Plaintiffs to Produce Documents at Trial

State:
Multi-State
County:
Los Angeles
Control #:
US-PI-0059
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion filed by the defense requesting that the court issue a ruling compelling the plaintiff to produce certain documents at trial.

Los Angeles California Motion to Compel Plaintiffs to Produce Documents at Trial is a legal procedure initiated by the defense to request the court to order the plaintiffs to produce certain documents that are relevant to the case. This motion plays a pivotal role in obtaining critical evidence necessary for a fair and just trial. Keywords: Los Angeles, California, Motion to Compel, Plaintiffs, Produce Documents, Trial, legal procedure, defense, court, order, critical evidence, fair trial. Different types of Los Angeles California Motion to Compel Plaintiffs to Produce Documents at Trial include: 1. General Motion to Compel: A standard motion filed by the defense requesting the court to compel the plaintiffs to produce all relevant documents mentioned in the discovery requests. 2. Specific Document Request Motion to Compel: A motion filed when the defense has identified specific documents that are vital to the case and requests the plaintiffs to produce those particular documents at trial. 3. Expert Witness Documents Motion to Compel: This motion is specific to cases where expert witnesses are involved. The defense may request the plaintiffs to provide any relevant documents related to the expert witnesses' qualifications, credentials, methodologies, or previous expert testimonies. 4. Financial Records Motion to Compel: When financial aspects are a crucial part of the case, the defense can file this motion to compel the plaintiffs to produce necessary financial records, such as tax returns, bank statements, or business financial statements for scrutiny. 5. Medical Records Motion to Compel: In cases involving personal injury or medical malpractice, the defense may file this motion to compel the plaintiffs to provide medical records and related documents to evaluate the extent of the alleged injury or medical condition. 6. Employment Records Motion to Compel: If the case involves employment-related claims, the defense may request the plaintiffs to produce employment records, including performance evaluations, disciplinary records, or any other documents relevant to the employment relationship. 7. Electronically Stored Information (ESI) Motion to Compel: In the digital age, where electronic evidence plays a crucial role in many cases, the defense may file this motion to compel the plaintiffs to produce electronically stored information, such as emails, social media posts, or electronic files, which may provide relevant evidence. It's important to note that the specific types of motions to compel may vary based on the nature of the case, the evidence required, and the specific rules and procedures of the court where the trial is taking place.

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FAQ

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.

Rule 34(b) provides that a party must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the discovery request.

What Is a Request for Production of Documents? A request for production is a discovery device used to gain access to documents, electronic data, and physical items held by an opposing party in a legal matter. The aim is to gain insight into any relevant evidence that the opposing party holds.

California law places strict limits on the number of discovery requests a party can make. In a limited civil case (cases less than $25,000) you may ask each party only 35 questions total, whether they are form interrogatories, special interrogatories, requests for admission, or requests for production.

45 Days For Written Discovery Motions to Compel may be filed 45 days after the insufficient response.

Unless your written response includes only objections without any factual assertions, it must be verified. This means it must include a statement under the penalty of perjury that your response is true and correct.

In an Unlimited Civil Case (over $25,000), parties may ask an unlimited number of form interrogatories. These questions may include subparts as appropriate.

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.

Before a party files a motion to compel a response to discovery, the party must make a good faith effort to confer with the person or party allegedly failing to properly respond to a request for discovery in an effort to secure information or material without action by the ALJ.

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.

More info

Appeal from Los Angeles County Superior Court, No. BC325513. BThere's a rule for everything in California State Court civil litigation.A single procedure (e.g. Motions to compel discovery responses must comply with the deadlines of a regular noticed motion. Motions are written documents that ask the court to make orders. Local Civil Rule 37. If medical records in the possession of a defendant or non-party must be obtained, the court may issue an order compelling the production of the records. To prepare, you should do the following: Read all of the motions.

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Los Angeles California Motion to Compel Plaintiffs to Produce Documents at Trial