What is a motion to compel discovery in civil litigation?
A motion to compel discovery in civil litigation is a legal document that a party in a lawsuit can use to ask the court to order the other party to produce information pertaining to their case. This can include documents they possess which may be relevant to the dispute, testimonies given by witnesses, and any other information they may have acquired which could be used as evidence in civil proceedings. In New Mexico, a court must consider the relevance of the information sought, the need for it by the party who has made the motion, and the burden the other party would face in providing it when making a decision on a motion to compel discovery. If the court decides the request is valid, they will issue an order requiring the other party to provide the requested discovery materials. A motion to compel discovery is an important part of the legal process in civil litigation in New Mexico, as it allows parties to access information that may be useful in their case. Without a motion to compel, parties are generally not allowed to freely access information from the other side, as this would be a breach of their rights. Therefore, a motion to compel is necessary to ensure fair and transparent proceedings.
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