What is a motion to compel or enforce discovery?
A motion to compel or enforce discovery is a legal action in civil court that is initiated when one party wants to force another to meet an obligation in the discovery phase. This is a process in civil court where each side has the right to ask questions, exchange documents, and receive information from the other party. In Massachusetts, if one party feels that the other is not following the discovery process or is not turning over requested information, they can file a motion to compel or enforce discovery. This is a request to the court that orders the opposing party to provide the requested information. By filing a motion to compel, the requesting party is asking the court to enforce the obligations of the discovery process. The court will review the motion, hear arguments from both sides, and then issue an order on whether or not the information is to be provided by the opposing party. If the court determines that a motion to compel is valid, they may issue sanctions against the opposing party for their failure to provide the requested information. This is why it is important to fulfill the obligations of the discovery process in a timely manner.
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