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A motion to compel asks the 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 ...
On April 15, 2009, the District Court for the Northern District of Texas denied Blockbuster's motion to compel and ruled that Blockbuster Online's Terms and Conditions were unenforceable because they gave Blockbuster too much discretion in modifying the terms of the agreement. Following the reasoning in a Fifth Circuit case, Morrison v.
Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. [2] Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order.
A "motion to compel" asks the 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.
However, the requestor then may file a motion to compel discovery to ask the court to order the responding party to produce documents. The rules governing requests for the production of documents vary from jurisdiction to jurisdiction; in the U.S. Federal court system, such requests are governed by Rule 34 of the Federal Rules of Civil ...
AUSTIN, Texas — Death row inmate Robert Roberson, who faces the prospect of becoming the first person in the U.S. to be executed for a “shaken baby” death, was a no-show Friday at a hearing ...
The lawsuit seeks unspecified damages and an order that would bar the defendants from “deceptive and misleading acts” related to the poll and compel them to disclose all information related to it.
Some states, like California, have different limitations set in their Local Rules. FRCP requires that the party to whom the request for Interrogatories, RFA or RFP is directed must respond in writing within 30 days after being served, otherwise the requestor can file a motion to compel discovery and for sanctions.