A motion to compel asks to court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient. The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests. A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ...
In both jurisdictions, the motion to compel, and accompanying documentation, must be served and filed at least 14 days prior to the hearing, and any response must be served and filed at least seven days prior to hearing.
Motions to compel production of statements and motions to compel independent medical examinations are just two of a myriad of discovery-related motions.
Before drafting any motions to compel, or any opposition thereto, the practitioner must be familiar not only with Rules 26 and 37, but also the local rules of court and any other rule or statute that might authorize the discovery at issue.
These Motions to Compel are brought under Rule 37 of the Federal Rules of Civil Procedure.
A condition precedent to this motion required by the Local Rules is a good faith effort to resolve the questions informally with opposing counsel.
Local Rule 3.04 requires that motions to compel discovery pursuant to Rule 37, Federal Rules of Civil Procedure shall utilize a particular format which has been done in the three motions since these motions are brought pursuant to said Rule 37.
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