What is a motion to compel in civil law?
A motion to compel is a legal action used in a civil court. It is used when one party has failed to comply with a court order or a discovery request. It may also be used when a party has refused to answer a question in a deposition or during a trial. In California, a motion to compel is usually filed by the plaintiff, who claims that the defendant has not complied with the court’s orders or their discovery requests. The motion must provide specific details about the defendant’s actions and must explain why the plaintiff believes the court’s action is justified. If the court decides that the defendant has not complied with their orders or the discovery request, they can grant the motion to compel. The court will then issue an order that makes the defendant take the requested action. Failure to comply with the court’s order can result in a contempt of court charge. In California, litigants are required to submit all of their motions to compel with supporting documents and affidavits. This helps the court to determine if the motion is merited. The court will also consider all relevant evidence to decide if the motion should be granted. Depending on the situation, the court may also set a hearing to discuss the motion before making a decision.
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