Criminal cases can be hard to manage, especially when the other party’s defense lawyer is refusing to provide necessary evidence or testimony that can change the overall outcome of the case.
A motion to compel can be undertaken to ensure that there is a smooth exchange of information in a lawsuit during the discovery phase. It helps parties gather information to prepare for trial. Let’s study your possible options when the opposing party refuses to provide the requested documents or information.
Understanding the Discovery Process
During the litigation, you have to understand the discovery concept in relation to the gathering of evidence.
Both parties must provide information to be exchanged with each other. These are documents, witness statements, and interrogatories. The strengths and weaknesses of the case are identified during this stage.
Evidence will play a big role in your lawyer’s argument. Make sure not to forget important details and set reminders for all due dates so you won’t fail to comply within the statute of limitations.
What Constitutes a Motion to Compel?
There may be situations when the other party would outright refuse to provide the information or documents you have requested as the discovery process progresses.
A motion to compel serves as a pleading on your part by asking the court to order an opposing party to compel discovery. Usually, it states the specific information that is requested, attempts made to secure it, and your reason why you believe the other party must comply.
Justify your requests by citing applicable rules or periods. Through this motion, the court will order the availability of evidence needed to present your case.
Common Reasons for Filing a Motion to Compel
When the other party ignores your discovery requests, this can place considerable hurdles in the way of your case and culminate in a motion to compel.
Incomplete response is the most common reason for filing a motion to compel. Getting answers that lack enough detail or some necessary information may lead to a need for more information.
Information evasion is another reason to file a motion to compel.
There may be objections without basis, which will press you to seek clarity in a motion. Delay in the production of documents or information-sensitive cases will warrant a motion, too.
The Procedure for Filing a Motion to Compel
Certain things need to be done when taking the court to compel mutuality so that it properly considers your request:
Stay updated with your state laws, as they usually provide you the guidelines.
Prepare your motion and specify what you want to do with it, as well as the grounds for it. Attach supporting documents, such as affidavits or letters, or other correspondence related to your claim.
File the motion with the court once it is completed. Pay the requisite filing fees. Then, serve a copy to the other party for their response.
Potential Outcomes of a Motion to Compel
When the motion to compel is granted, the court may instruct the opposing party to submit the requested information or documents for your benefit.
But if it is denied, the court may limit your access to the evidence you need for your case. There are times they may impose sanctions against the offending party.
When both sides present their arguments, the court may order a hearing to clarify the issues concerning the motion.
Stay proactive by making sure you have gathered all evidence needed for your motion to compel until you get the justice you deserve.