The truth about Motions to Compel

Watch the video to learn The truth about Motions to Compel
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[@victoriac.attorneyatlaw]

In Cali they're called "meet and confer" (good faith letter you referred to.)

[@jesseeisenberg5828]

Thank you, I like learning new things.

[@father1st894]

In many states the requesting party can and will get awarded the law fees accrued associated with the requesting party's request for documents. So a motion to compel is not a waste of time.

[@jdelawfirm8388]

I am speaking from experience in New York and New Jersey. It is entirely possible that other states treat motions to compel differently in practice. In My experience, 95% of the time, I get the documents and waste 3 months time only for the Court to say "well you got the documents."

[@ginapierre6656]

I have zero background in law, but I do not think it's a waste of time to have your evidence especially when it's evidence that can be used for the future and it's something that can prove you innocent.

[@vegas9440]

The defendant will not file the initial disclosure, here in Texas it’s 30 days after filing answer. Can I file a motion to compel for initial disclosure? Also, I see why attorneys get paid alot bc im doing my second pro se lawsuit ( the first one settled) and omg it’s alot of work. From subpoenas, to getting all the evidence to filing paperwork , to reading law books , to drawing up documents etc

[@rmelnyk3986]

Actually, all motions brought in a state court cause of action are preserved for appeal, it's the same as objections, with these instruments your preserving Appellate Record.

[@jdelawfirm8388]

That's true if you file a notice of appeal within 30 days of the decision on the Motion. However, the point of my video is that it rarely gets to the decision point.

[@rmelnyk3986]

@@jdelawfirm8388 😀

[@rawcredentials]

Is it worth filing a motion to compel on a child support modification order? Other party seems to quit job when wanting to increase modification order

[@bonniej0]

😊 what are the papers did you include with that can you put up a copy of the of the the note that you wrote

[@bradmasterson3733]

It sounds like they wouldn’t turn it over without the motion wouldn’t it then make sense to do it sooner than later?

[@jdelawfirm8388]

I always do it when I have to. First you have to wait for then to default, then you have to make a good faith effort to get them to comply, then you need court permission to make a discovery motion. It is very tedious.

[@peopleofthestateofcaliforniLLC]

I filed a motion for discovery on April 7th 2023 and then the a process server to serve it on April 14th 2023 then i filed a motion to compel filed and was then denied by the court in violation of ABA rule 2.6 right to be heard the judge then stated iam filing a writ of mandamus and a writ of quo warranto to challenge the judge decision and authority

[@bonniej0]

So I put several reasons on my motion cuz I wanted to evict in Massachusetts has a first-year won first hearing and the clerks have not been sending me paperwork on time to get it served with the sheriff so they have to put off the date again and then they didn't send me paperwork for one girl one of the tenants that we were all supposed to go to their first year meeting and then I went to a first-year meeting and I got there and I missed my name so I waited till the end and then they say come up and sign in and I did she goes off your cases I couldn't believe it😢 I've been going at this since May

[@bonniej0]

So yesterday I had one tenant there with me for the first year meeting the other one didn't show up and because I couldn't get the notice served by the sheriff cuz they got it came in my mail like 2 days before the court hearing they did not issue defaults. Question does it matter if you put several reasons that you want to have someone move out on your motion because when we went to the mediator yesterday she said that the tenant can request to just have it dismissed or thrown out because it's Messier it has more than one reason on there or something she said that I was wrong

[@bvsanchez6161]

Where did this guy get his license? That is the whole point of motion to compel

[@jdelawfirm8388]

Multiple states. If you watched the video you would understand that I am explaining the reality behind a motion to compel. I have made many motions to compel. They can definitely be necessary, however, in my jurisdictions, as long as the other side shows up with the material at the day of the motion, the Judge will deem it satisfied and not grant the motion.

[@athenarockett8592]

I would also add that in my civil Small Claims Debt case where I was the Defendant, I experienced the judge’s unhappiness at the pre-trial hearing. The funny thing is that she’s the one that ordered the 5 items. I was merely letting the judge know that after 60 days I still hadn’t received them. She gave the “junk-debt-buyer-attorney an additional 15 days, even after they falsely gave written certification of Discovery!

[@lindor1695]

bvsanchez6161 He makes sense to me, he's looking at the pig picture. Maybe that's what you're missing. Not everyone has the ability to do that

[@vegas9440]

How much is your on phone calls?

[@mjjohnson377]

You really trivialized this matter. It’s not a waste of time to file a motion to compel to get the information you need to move forward with the case. Because if you’re dealing with someone who has to be compelled to submit documentation then without the motion to compel the client would still be waiting ..

[@jdelawfirm8388]

You are right. But I did not trivialize it. I pointed out that there are seldom consequences on the other side when you make a motion to compel and the motion itself further delays the case. If you have to make the motion due to noncompliance, you have to make the motion.

[@ginapierre6656]

Sir, where can I get the Motion to Compel Discovery form in NJ, do I ask the court or clerk's office ? Thank you, sir.

[@jdelawfirm8388]

I honestly don't know if there is a form motion put forth by the State of NJ. I always draft my motions myself.

[@cathygarza3142]

What motion can I file to fire judge district attorney and public defender I don't feel there being fair I'm a two striker and they r bringing up my past

[@jesseeisenberg5828]

Unfortunately, I don't practice criminal law. I suggest you speak with a criminal attorney to best protect yourself.

[@yali5025]

What if other side really don’t have what you asked for after the the “motion to compel”

[@jdelawfirm8388]

As in it doesn't exist or they don't have it? You may need to Third-party subpoena a different source.

[@nickv7824]

What if the prosecution lost or destroyed the evidence I need to prove innocence. Like surveillance video of police pushing over a cooperating suspect in a trespassing call.

[@jdelawfirm8388]

Unfortunately, I don't know anything about Criminal Law.

[@ginapierre6656]

@@jdelawfirm8388 An attorney that says " I don't know" when he doesn't know is a great attorney. Thank you.

[@sensouzenaku8006]

It’s not Trolling to leave a comment. I don’t agree with you. It’s only your opinion. I think if you look you have 5 thumbs up and 3 thumbs down in 5 months. Pointless is not the word. When it’s needed it is completely necessary. So I feel your waste you say is waiting for people to not show up and blow the case. You are NOT an Attorney I’d hire and this video makes you look like you just got out of Law School Not a Troll pal. It’s the Truth or my opinion and you should ha e thicker skin if you are going to remain an Attorney. Good luck