Thursday, April 23, 2015

What is a Motion to Compel and Brief in Support Thereof?

Question

What is a Motion to Compel and Brief in Support Thereof?



Answer

It means you desperately need a lawyer and you're about to be sanctioned by the judge presiding over your case. The one you filed pro se, remember?

Have fun losing.



Answer

If you have the documents, you can read them to see what they are.



Answer

Both attorneys are right. The motion to compel is exactly what it means. It is a request to the court to compel a party to do something. Read the motion and memoraundum to determine what they are want to compel.



Answer

It means you are probably in major trouble because of not having a lawyer.



Answer

A Motion to Compel is a motion asking the court to order a party in a case to do something, usually provide answers to written questions called "Interrogatories" or to produce documents previously asked for by a "Request for Production." If a litigant does not respond to those things the opposite party asks for an order compelling that to happen using the "Motion to Compel" as the means of doing so. If the litigant does not respond to the Motion it is automatically granted. Unless there is a real reason to not grant the Motion such as the documents don't exist or you don't have the information, even if the litigant responds the Motion will be granted and a court order issued. If you do not comply with the order your case usually will be thrown out and/or you may be held in contempt and incarcerated, i.e. put into jail for violation of the court order.



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