RE: [tips_and_tricks] Needed: Motion to Compel
In order to compel discovery most states require it to be done within certain time in which request for interrogitories , admissions, documents, etc. where made. Athough failure of the opposing party to comply with an order to comply is grounds for sanctions (money damages) or even grounds for dismissal. Below is the format of motion to compel from american jurispurdence forms. (Have to add caption , proof of service, etc). Also important to note once a party fails to answer admissions in 30 days all admissions are consider admitted this may be helpful in your case.
[Caption, see Captions, Prayers, Etc.]
Comes now __________ [name], the __________ [party] in the above--captioned proceeding, by __________ [name], __________ [his or her] attorney, and hereby moves the court for an order requiring __________ [other party] to answer interrogatories, and in support of this motion shows the court:
1. On or about __________ [date], __________ [moving party] served upon __________ [other party] interrogatories in writing pursuant to __________ [cite court rule], which are attached and made a part by reference.
2. On or about __________ [date], objections to all of the interrogatories were filed, and __________ [other party] still refuses to provide answers.
3. Such interrogatories are propounded in good faith and the information is essential in that __________ [explain, briefly and generally, the need for the information].
Wherefore, __________ [name] moves for an order requiring __________ [other party] to answer the interrogatories within __________ [number] days.
>From: "halifaxusa" <HALIFAXUSA@...>
>Subject: [tips_and_tricks] Needed: Motion to Compel
>Date: Tue, 17 May 2005 02:48:02 -0000