PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES?

What will happen if you don't answer interrogatories?

The party posing the interrogatories can file a motion to "compel" (force you) to answer. Interrogatories are part of the "discovery" part of a lawsuit, so that all the information is known to both sides before any trial. There is no longer any "trial by ambush or surprise" like in the Perry Mason shows!

Plaintiffs motion overrules motion for relief?

Not enough information contained in question.. Plaintiffs motion for WHAT? Motion for relief of WHAT?

How do you respond to a motion to compel in a custody case?

If you are involved in a lawsuit the opposing side is allowed to receive certain documents from you as part of the discovery process. The documents were probably already asked for in a Request for Production. A motion to compel is a motion to the court, which if granted will force you to produce the documents to the opposing counsel, which were asked for in the Request for Production.AnswerA motion to compel may also apply to other forms of discovery, such as a motion to compel responses to interrogatories (written questions), a motion to compel attendance at a deposition, etc. With regard to documents, state discovery laws may require the opponent receiving a document request to provide a "response" to your request for the production of documents. This "response" is to be distinguished from the actual production of the documents. You may have to bring a motion to compel a response if your request receives no response. If you receive some response but think it evasive, you might bring a motion to compel a further response. If you get a response, but the party refuses to produce documents it should produce in accordance with the response, your motion to compel is a motion to compel production.If the court grants the motion to compel, and the party to whom/which the order is directed remains evasive or non-compliant, the other party may file a second motion to compel or a motion for sanctions. Depending upon the degree of noncompliance (or perhaps the attitude of the non-movant or the judge), the court has the power, within reason, to impose one or more categories of sanctions. These can range from yet another order compelling compliance (usually requiring compliance within a shorter time than the first order allowed), to attorney's fees, to deeming, for evidentiary purposes, that the material that would have been produced or stated in answers to interrogatories, was prejudicial to the non-compliant party. There is a great deal of discretion that is usually allowed the trial court judge in determining sanctions, but the sanctions must be commensurate to the violation.

What if you get a letter from the court for a motion to compel?

Very hard to answer this question without knowing what the motion to compel was requiring of you.

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.

What happens if a party doesn't respond to interrogatories?

You file a motion to compel, and ask the court to order them to do so. You also ask for attorney fees for the cost of bringing the motion. If they still don't do so, you ask for sanctions (such as dismissing their complaint or a defense). Yes, you file a motion to compel - but, attempt to work out the reasons why they haven't responded within the deadline to respond. Most judges do not want to be dragged into discovery disputes. If you can't work it out with the other party, then file a motion to compel. You would not ask for attorney fees as part of that motion to compel. That's an entirely separate issue from discovery. Also, I highly doubt a judge would dismiss an entire claim over a discovery issue. Generally, if the judge is dragged into it, you or your attorney (hopefully you have one) would have a telephone hearing with the judge & other side over why they won't answer the interrogatories. Then the judge makes a ruling on that - sometimes the other side DOES have a legal argument for not answer some of the interrogatories. So, attempt to work out the issue without court involvement, if that doesn't work, file a motion to compel discovery and the court will take it from there.

How long does it take for the court to sanction a motion to compel that has been ignored past the set date to submit documents?

Filing a Motion, in and of itself, does very little other than give the other party and the court notice of your request for something. Your attorney knows that s/he needs to request a HEARING on the Motion and obtain an Order from the court for it to have any enforceable weight. Filing a Motion to Compel Answers to Interrogetories, for example, tells the opposing party that they owe you answers -- and it tends to indicate that you are serious about getting those answers. In most instances, the opposing party will get busy and answer the interrogatories without a hearing on the matter. But if they don't, you have to request and have a Hearing on the Motion to obtain an "Order to Compel". The court will not sanction a motion, but can only sanction a party who fails to comply with an order. Let's say that you have an Order to Compel by the court that order the other party to answer your discovery request "within 15 days". Those days come and go and you still don't have your discovery. Now it's time to file a Motion for Sanctions, and notice up that motion with a hearing. If the opposing party still fails to comply, and particularly if they fail to show up for the hearing, you will likely be granted monetary sanctions to cover your costs involved in trying to get the discovery to which you are entitled. Each jurisdiction is different, and each judge within each jurisdiction has his or her own way of dealing with these things. You are always better off having an attorney handle these matters for you.

How might a motion to compelimpact a pleading?

how might a motion to compel impact a pleading

What can you do if you think that the probate of an estate has taken to long to settle?

File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.

What is an entry to deny a Motion to Compel?

It means a motion has been filed requesting the court to deny the original Motion to Compel petition or the judge actually denied the motion and it was entered into the court record as such. The exact wording defines which of the actions is being referred to.

How many extensions can be given on a Motion to Compel request from the attorney who has been served with the Motion?

A Motion to Compel is a motion filed by one side, asking the court to Compel the other side to do something. If the side filing the Motion agrees to extend the length of time before the court hearing, it can be granted as many times as the side allows. However, a Motion to Compel is a "last straw" move. An attorney is not likely to file the motion unless the opposing party has refused to cooperate with more cordial methods of obtaining the information. Therefore, once a party is forced to file the motion, it is unlikely that they would be willing to grant an extension of time prior to a court hearing.

What is a motion to compel foreclosure?

If it can be proven that a bank is deliberately stalling the foreclosure, attorneys for the owner or condo association can ask for a motion to compel and have the court make the foreclosure immediate. This is happening in current cases where foreclosures drag on for years with no closure.