Second, if the motion to compel doesn’t inspire a resolution, the opposing party will file a response. If the parties can resolve the situation, the filing party can withdraw the motion to compel. To avoid an award of attorney fees or sanctions against them, the opposing party might get his act together and do whatever it is that the motion seeks (produce documents, attend a deposition, etc). Once one of the parties files a motion to compel, there are several things that might happen.įirst, the motion to compel might light a fire under the opposing party and his lawyer. Once a Motion To Compel Is Filed, What Happens Next? ![]() Needless to say, for the participants of the case, this becomes very expensive in attorney fees. If the order to compel is not followed, the requesting party could seek to have the failing party held in contempt, which could result in fines or even jail in extreme circumstances. If the motion to compel is granted by the court, the order to compel will state specifically what needs to be done. In most jurisdictions, before a party can file a motion to compel, he must make a “good faith effort to confer.”Ī good faith effort to confer differs, but often needs to be more than a letter or an email, and might need to raise to the level of a phone call discussion or an in person meeting. Motions to compel can sometimes result in awards of attorney fees against the failing party, and in extreme cases, sanctions against the opposing party or even the attorney himself. Sometimes the threat of the motion will light a fire under the opposing party. Please produce x by September 1 or I will be forced to file a motion to compel. Motions to compel often start as threats between lawyers: Motions to compel are most common in discovery disputes which are governed by rules and are not closely supervised by the court. If there’s no legal authority for both the relief he wants and the availability of the motion to compel, it will get denied. That motion to compel must rely on specific legal authority, both in the relief he seeks as well as filing the motion to make it happen. ![]() If one of the parties thinks that the other party is not following the rules, and needs the court’s intervention to make the party do what he should, he can file a motion to compel. Other judges will do nothing unless the parties bring a matter to the court’s attention. Some judges will require that the parties appear in person or via telephone (or report in writing) about the status of discovery and preparation for trial. The court expects the parties to follow the rules without the assistance of the court. The laws may give each party the right to request answers to interrogatories or questions. The laws may give each party the right to depose parties. ![]() The laws may require that the parties exchange certain information, documents, or other items. Much of what happens during the pendency of a civil and criminal case occurs outside of the purview of the judge and the court.Īfter the parties file the pleadings, the parties are supposed to follow the rules of the court and the jurisdiction (state or federal) to get the case ready for the hearing or trial. Please review our disclaimer about law/legal-related information on this website before taking action based upon anything you read or see. The contents of this web page are for informational purposes only, and nothing you read is intended to be legal advice. What Happens After a Motion To Compel Is Filed? (Explained) Disclaimer In the article that follows, we’ll explain. Answer: There are several things that may happen, including additional pleadings, opportunities to settle, and a hearing.
0 Comments
Leave a Reply. |