Adult bow and quiver8/3/2023 The opposing party to answer interrogatories when it has failed to do so.Motions to compel apply to all types of discovery requests.įor example, you may file a motion to compel discovery to force: Types of Motions to Compel: Situations Where You Might Ask the Court to Enforce Discovery Requests The motion to compel discovery is the formal pleading asking the court to enforce a request for information or documents or specific action relevant to the case. If the opposing party or a witness fails to respond to a proper discovery request, you may file a motion with the court for an order compelling a response or act.Īn improper objection or incomplete answer to discovery is considered a failure to respond in some situations. See why others have named me one of Virginia’s best personal injury lawyers. You can use this information to get the facts you need to win your case in any jurisdiction.Īnd if you have any questions about your claim, contact my firm for a free consultation. It explains when to bring motions to compel discovery, how to draft them, and how to win them. This article discusses the first step in getting judicial help to enforce your right to discovery so that you have the facts to tell a persuasive story at trial: the motion to compel. And persuade the judge or deputy commissioner that the defendant’s obstruction violates the discovery rules. This relief may include sanctions such as punishment for contempt, the assessment (shifting) of attorney fees, striking of the pleadings or defenses, and the exclusion of evidence (including witness testimony).īut first – you must file a motion to compel discovery with the court or commission to enforce your discovery rights. And these rules give relief if the defendant ignores your discovery requests or refuses to supply the information you asked for. And you may have to force the issue to get a stonewalling defendant to turn over the evidence or make someone knowledgeable about the facts available for deposition.įortunately, there are state and federal rules of civil procedures governing discovery. These situations often happen, especially in cases against automobile liability insurance companies and the manufacturers of defective products. Or what if the defendant answers interrogatories but gives incomplete answers? And each discovery device has advantages and disadvantages.īut what if you use these discovery devices, but the other party refuses to answer your requests? Procedural rules supply several formal discovery tools: interrogatories, requests for production of documents and other tangible items, requests for admissions, depositions, compulsory medical examinations, and motions to inspect the property, products, or machinery. It refers to the required disclosure of information related to litigation when requested by a party. And you will need to use all available legal devices to get it.įormal discovery is one method to investigate and develop your case. Or possessed by someone not involved in the litigation. However, some evidence will be solely within the other party’s control. You will have access to or control over many facts and evidence sources. This is true in all types of civil litigation, including tort claims and car crash cases based on negligence, workers compensation, insurance claims, applications for Social Security Disability, and breach of contract actions. You must investigate and discover the facts of your case to win at trial or negotiate a favorable personal injury settlement after an accident. How to Enforce Your Discovery Rights When Your Opponent is Playing Games Understanding Motions to Compel in Civil Litigation
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