What is a motion to compel in civil law?
A motion to compel in civil law is a document filed with the court that requests an order from the court to make someone do something that they have not done. This procedure in Oregon is governed by Oregon Rules of Civil Procedure (ORCP) 45, Rule of Civil Procedure 37. Generally, Rule 45 allows a party in a civil lawsuit to file a motion to compel when the opposing party or witness fails to provide answers to interrogatories, documents, or other forms of requested discovery. The motion to compel requests that the court order the opposing party or witness to comply with the discovery request. If the court grants the motion to compel, then the opposing party or witness will be required to answer discovery questions, produce requested documents, or otherwise comply with the discovery request. In extreme cases, the court may impose monetary sanctions on the party who failed to respond to the discovery request in violation of the court’s order. In Oregon, motions to compel are typically brought by attorneys on behalf of parties involved in civil lawsuits. In order to file a motion to compel, the attorney must provide notice to the opposing party and set out the reasons why the motion is being brought. The opposing party has the opportunity to file a response to the motion prior to the hearing, and attorneys may submit written arguments to the court in support of their position.
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