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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 file for change of venue in civil case in Iowa?
do I have to file a bfief to file for a motion for change of venue in civil case
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.
Who has to file for a motion of discovery?
lawyer or the defendant if he want copy of file
How do you file for a motion to dismiss for failure to answer a discovery?
You file a motion to compel (take a look at federal rules of civil procedure 26 and 37) asking the Court for sanctions against the party. One of the remedies may be to dismiss a claim etc..
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.
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.
Where do you go in DallasTexas to file a petition or motion to get a case expunged?
To the court in which the case was tried, and file the motion with the Clerk Of The Court's Office.
Do you file a motion in every court case?
While it is not required, very few (if any) court cases (either criminal OR civil) pass without someone filing a motion.
How do you get a civil case moved to a different county in Oklahoma?
File a motion with the court setting forth the reason(s) why and request a change of venue.
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.
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.
