0
One side, or the other, has made a motion that the opposing side reveal what evidence and witnesses they are going to present at the hearing or trial.
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
What if a Plaintiff Refuses to answer to a motion for discovery?
If a party refuses to answer Discovery in a civil case, you can file a Motion to Compel, requesting that the court compel them to answer.
What is discovery motion?
A motion for discovery is when a request is put in to the court to order the opposing part to produce discovery materials. Depending on whether the matter is a criminal or civil case discovery materials vary.
What form do you need for DCFS to request for unmonitored visits?
Motion to modify to the court.see link
Does Plaintiff in a civil case have to prove the debt to a defendant before proceeding to motion to compel discovery?
No. As long as the complaint sets forth sufficient allegations of fact to support a finding that the debt is due and owing the case moves along to the point of discovery. The whole purpose of discovery, and therefore a motion to compel discovery when discovery is refused, is to ascertain the facts supporting the allegations that the debt is due and owing. Another point is that discovery is a process that takes place prior to the trial and the trial is where plaintiff proves its case. Therefore, a motion to compel discovery necessarily precedes proof of the debt.
How do you file for motion to discovery in civil case?
With the Clerk of the Court's office of the court which will be hearing your case.
What does the discovery phase mean in a pending lawsuit?
In any trial a motion for discovery is filed so that each side knows what the other side has for evidence in their case. So in a civil trial the defendant files a motion for discovery to the plaintiff and copies the motion and sends it to the court. The Plaintiff would then respond with any and all information about the case. For example if you are being sued for a contract violation, the plaintiff should send you a copy of the contract that was signed.
Can evidence be submitted after case has been tried?
Not to the original case - THAT case is over and done with. However, you may file a motion to RE-OPEN the case, or you can file an appeal to the case based on the discovery of new evidence.
How do you do a motion to compell?
Any "motion" is a request to a court to take some action. Motions to compel occur in the "discovery" phase of a civil case when the parties are allowed to learn about each others positions. Discovery, in general, is intended to facilitate a trial on the facts, rather than by ambush. Discovery in a civil or criminal case is governed by rules of procedure. Among the parameters of the rules is the amount of time within which the non-propounding party has to respond to the discovery request(s) of the propounding party. The discovery can be in the form of interrogatories (written questions), or a request for production of documents. While there are other forms of discovery, these two best illustrate the function of a motion to compel. In short, if the discovery is not provided within the requisite amount of time, or objections to the discovery not timely served within that time, the proponent of the discovery may file a motion to compel. This is a request to the court to require the recipient of the discovery to furnish it to the proponent. An order compelling the discovery generally results from the motion, which gives the party to whom the discovery was sent some additional, usually shorter, amount of time to comply. If there is no compliance with the order, further sanctions can ensue if requested.
Can you file a motion to extend discovery and hearing dates after the cutoff date of discovery?
Yes. Whether or not your motion will be granted depends on a number of factors.
Can you get a court order for information?
You can file a motion for discovery in an existing case that you have standing in, assuming you can show cause for why such is needful to the proceedings. An attorney could review your case and advise as to whether such would be appropriate.
Why file Motion discovery?
A discovery motion lets you know what evidence the other side has. Normally, you are not allowed to surprise the other side with evidence they didn't know about, unless their lawyer was too dumb or distracted to file a discovery motion. Also, they may have evidence that helps you, that you will never find out about except through discovery.
What can you do if your attorney doesn't tell you of discovery sent by defendants for 2 months and encouraged them to file a motion to compel?
Get a new attorney and have the new attorney ask for time to get into the case.
