What is a motion to compel in civil law?
A motion to compel in civil law is a tool used in the legal system when one party requests that the opposing party provide specific documents or answers to interrogatories (questions) related to the case. This motion is typically filed after the party requesting the documents has made a request and the other party has failed to respond or denied the request. A motion to compel then forces the opposing party to produce the requested evidence. In Georgia, a motion to compel must typically follow certain rules. It must be in writing, filed with the court, and served (delivered) to the opposing party. It must include a statement that the opposing party has failed to comply with the request to produce documents or provide answers. The motion must also include a deadline by which the opposing party must comply and provide the information included in the request, which is usually two weeks. If the opposing party fails to comply with the motion to compel, the court may impose sanctions such as fines or additional discovery deadlines. Additionally, if the motion to compel is granted, the court may require the opposing party to pay the costs associated with filing the motion. This serves as a deterrent against the opposing party denying legitimate information requests, as any costs associated with the motion may be recovered by the requesting party.
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