What is the difference between a motion to compel and a motion to exclude in an insurance litigation case?
In insurance litigation cases in California, a motion to compel and a motion to exclude are two distinct types of court motions. A motion to compel is a request made to the court for an action; it is commonly used when one party believes that the other party has not fulfilled their legal obligation. For instance, if a party is requesting certain documents or information from the other party, but the other party is refusing to provide them, the requesting party may file a motion to compel the other party to provide the requested materials. A motion to exclude is a request made to the court to strike certain evidence or testimony from the record. This motion is usually made when one party believes that the other’s evidence or testimony is not credible or relevant, and should not be considered by the court in its decision. In an insurance litigation case, a motion to exclude may be filed if a certain piece of evidence or testimony is deemed to be too prejudicial, or if it does not meet the court’s rules of admissibility. In summary, a motion to compel is a request to a court to require one party to fulfill their legal obligations, while a motion to exclude is a request to a court to strike certain evidence or testimony from the record. Both of these motions can be used by parties in an insurance litigation case in California.
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