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How long does it take for the court to sanction a motion to compel that has been ignored past the set date to submit documents?
Wiki User
∙ 12y ago
Filing a Motion, in and of itself, does very little other than give the other party and the court notice of your request for something. Your attorney knows that s/he needs to request a HEARING on the Motion and obtain an Order from the court for it to have any enforceable weight.
Filing a Motion to Compel Answers to Interrogetories, for example, tells the opposing party that they owe you answers -- and it tends to indicate that you are serious about getting those answers. In most instances, the opposing party will get busy and answer the interrogatories without a hearing on the matter. But if they don't, you have to request and have a Hearing on the Motion to obtain an "Order to Compel". The court will not sanction a motion, but can only sanction a party who fails to comply with an order.
Let's say that you have an Order to Compel by the court that order the other party to answer your discovery request "within 15 days". Those days come and go and you still don't have your discovery. Now it's time to file a Motion for Sanctions, and notice up that motion with a hearing. If the opposing party still fails to comply, and particularly if they fail to show up for the hearing, you will likely be granted monetary sanctions to cover your costs involved in trying to get the discovery to which you are entitled.
Each jurisdiction is different, and each judge within each jurisdiction has his or her own way of dealing with these things. You are always better off having an attorney handle these matters for you.
Wiki User
∙ 12y ago
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What happens in Providence Rhode Island courts if the motion to compel is ignored?
Some people will maby get pissed!!
What happens if the motion to compel is ignored?
If there is no response to the motion, the judge still has to consider the legal merits of the motion. However, because he or she would only have the legal arguments of one side to go on, he or she would probably be more inclined to grant it. If the judge grants a motion to compel discovery, and the other side ignores it, they can be held in contempt, or other sanctions can be imposed.
What if you get a letter from the court for a motion to compel?
Very hard to answer this question without knowing what the motion to compel was requiring of you.
What will happen if a person doesn't provide the documents after a motion to compel?
They can be found in Contempt of Court, and either jailed or fined or both, depending on the type of case.
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.
How do you respond to a motion to compel in a custody case?
If you are involved in a lawsuit the opposing side is allowed to receive certain documents from you as part of the discovery process. The documents were probably already asked for in a Request for Production. A motion to compel is a motion to the court, which if granted will force you to produce the documents to the opposing counsel, which were asked for in the Request for Production.AnswerA motion to compel may also apply to other forms of discovery, such as a motion to compel responses to interrogatories (written questions), a motion to compel attendance at a deposition, etc. With regard to documents, state discovery laws may require the opponent receiving a document request to provide a "response" to your request for the production of documents. This "response" is to be distinguished from the actual production of the documents. You may have to bring a motion to compel a response if your request receives no response. If you receive some response but think it evasive, you might bring a motion to compel a further response. If you get a response, but the party refuses to produce documents it should produce in accordance with the response, your motion to compel is a motion to compel production.If the court grants the motion to compel, and the party to whom/which the order is directed remains evasive or non-compliant, the other party may file a second motion to compel or a motion for sanctions. Depending upon the degree of noncompliance (or perhaps the attitude of the non-movant or the judge), the court has the power, within reason, to impose one or more categories of sanctions. These can range from yet another order compelling compliance (usually requiring compliance within a shorter time than the first order allowed), to attorney's fees, to deeming, for evidentiary purposes, that the material that would have been produced or stated in answers to interrogatories, was prejudicial to the non-compliant party. There is a great deal of discretion that is usually allowed the trial court judge in determining sanctions, but the sanctions must be commensurate to the violation.
How might a motion to compelimpact a pleading?
how might a motion to compel impact a pleading
What can you do if you think that the probate of an estate has taken to long to settle?
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
How long should you wait until you file a Motion To Compel after filing a Request to Produce Documents?
most courts require that you first try & resolve the problem without a motion to compel. thus, best thing to do is call the other party or his attorney and 'remind' them the papers are past due (usually 15 to 30 days, depending) give them 30 days to be on the safe side. when you file the motion to compel, put in it that you have contacted the other party and tried to get it resolved to no avail. Terrill Corley Tulsa, OK
What is a cross notice?
A Cross-Notice is generally sent from one party in a legal dispute to the other party. It notifies them that an original Hearing will ALSO include another matter. For example - in Family Court, you may have a Hearing for Child Support and a Hearing based on a Motion for Contempt (your ex failed to comply with the last agreement). You have filed Discovery documents for the child support related part but your ex hasn't produced the documents you requested - so you filed a Motion to Compel Discovery - but the courts haven't ruled on it and you need the documents. You would file a Cross-Notice of Hearing to identify that you plan to take up the matter of the Motion to Compel Discovery during the Motion for Contempt Hearing so you can have the documents you need for the Child Support Hearing (assuming it occurs later).
What is an entry to deny a Motion to Compel?
It means a motion has been filed requesting the court to deny the original Motion to Compel petition or the judge actually denied the motion and it was entered into the court record as such. The exact wording defines which of the actions is being referred to.
How can a creditor collect monies owing from a deceased estate when executor ignores claim?
File the claim with the court where the probate has been filed. If the claim is ignored then speak with someone at the court about a motion to compel the executor to pay your claim.
