What is a motion to compel or enforce discovery?
A motion to compel or enforce discovery is a court request made by one party in a civil trial to another party to respond to discovery requests within the time frame specified by the court. In the state of Nebraska, the rules of civil procedure state that a party may move the court to compel answers to interrogatories, production of documents and entry of appearances in response to requests for admissions. The motion must state the details of the discovery request and must provide a reasonable time for the opposing party to respond. The motion to compel or enforce discovery is often used to ensure that one party in a trial is not withholding information from the other party. Without this motion, a party that fails to respond to discovery requests could be found in contempt of court or risk having their case dismissed. The court may also order a party to pay the opposing party’s legal fees if they do not comply with discovery requests. In Nebraska, the motion must generally be brought within the time frame prescribed by the court, and must include a reasonable statement of the facts relating to the discovery request. If the motion is granted, the party must respond to the discovery requests within the specified time period, or risk being found in contempt.
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