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What is a Motion to Compel and Do I get my Attorneys Fees.
A Motion to Compel is a legal document filed by one party in a lawsuit to request that the court order the opposing party to provide certain information or take specific actions. It is typically used when one party believes that the other party is withholding relevant evidence or not complying with the discovery process.
The discovery process is the phase in a lawsuit where both parties exchange information and evidence related to the case. This includes documents, records, witness statements, and other relevant materials. The purpose of discovery is to ensure that both sides have access to all the relevant information necessary to present their case effectively.
If a party believes that the opposing party is not adequately fulfilling their obligations in the discovery process, they can file a Motion to Compel. This motion asks the court to intervene and issue an order requiring the other party to comply. The specific requests made in a Motion to Compel can vary depending on the circumstances of the case, but they generally seek the following:
1. Request for production: Asking the opposing party to produce specific documents or evidence that they have not provided or have withheld.
2. Interrogatories: Requesting the opposing party to answer specific written questions related to the case.
3. Depositions: Seeking the court’s order to compel the opposing party or a witness to attend a deposition and answer questions under oath.
4. Admissions: Asking the opposing party to admit or deny certain facts or allegations related to the case.
5. Form Interrogatories: Requesting the opposing party to answer judicial counsel form pre printed interrogatories.
When a Motion to Compel is filed, the court will review the motion and consider the arguments presented by both parties. If the court finds that the opposing party has not complied with their discovery obligations or has withheld information without a valid reason, it may issue an order compelling them to provide the requested information or take the necessary actions.
In California, a judge has the discretion to award sanctions if a Motion to Compel is granted. Sanctions are penalties imposed on a party for various reasons, such as failing to comply with discovery obligations or engaging in conduct that unduly burdens the opposing party.
Under California law, specifically Code of Civil Procedure Section 2023.030, the court has the authority to issue sanctions if a Motion to Compel is granted. The sanctions may include:
Payment of reasonable expenses: The court may order the party who failed to comply with the discovery obligations to pay the reasonable expenses incurred by the moving party in bringing the motion. This can include attorney’s fees, costs related to the motion, and other expenses directly caused by the non-compliance.
Monetary sanctions: The court may also impose monetary sanctions as a penalty for non-compliance. These sanctions can be in the form of fines or other monetary penalties.
Issue-related sanctions: In addition to monetary sanctions, the court may issue orders related to the substantive issues in the case. For example, the court may preclude the non-complying party from introducing certain evidence or presenting certain arguments at trial.
The decision to award sanctions and the specific nature and amount of the sanctions are within the judge’s discretion. The judge will consider various factors, including the reason for the non-compliance, the extent of the harm caused, and the necessity of the motion.
It’s worth noting that sanctions are not automatically awarded simply because a Motion to Compel is granted. The moving party must demonstrate to the court that the opposing party’s non-compliance or conduct justifies the imposition of sanctions. The judge will evaluate the circumstances and exercise their judgment in determining whether sanctions are appropriate and to what extent.
It is advisable to consult with an attorney who is familiar with the specific details of your case to provide you with accurate and up-to-date advice on potential sanctions and their likelihood in your particular situation.