Motion to Compel in Child Custody Cases?
Basically, a Motion to Compel is a court document that asks a judge to compel a party to do something. It is used most often in the discovery phase of a lawsuit. It is filed when a third party refuses to provide the information needed to resolve the case. It can also be used in other types of cases. For example, a spouse may refuse to disclose information about their income or assets, which can lead to a Motion to Compel.
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While there are many different reasons for filing a Motion to Compel, the most common is when a third party refuses to comply with a discovery request. If a spouse is not willing to provide the information requested in the discovery process, it can become expensive to go through the legal process. This is especially true if the request is for financial data such as a spouse’s salary or investment earnings.
A Motion to Compel should include a few items. First, it should include a court summons. Second, it should include a detailed explanation of the facts. Finally, it should include a notice of the hearing. If there is an objection, the other side will likely raise it at the hearing. Usually, a Motion to Compel will not be accepted without a good faith effort to resolve the issue.
Depending on the county, procedures for a Motion to Compel may vary. In Berks County, the presiding judge will generally approve a motion to compel after a discovery master is hired to deal with the dispute. The cost of hiring a discovery master can be high, so be prepared.
In addition to a motion to compel, a lawyer may consider filing an opposition to a motion to compel if he or she believes the other side is attempting to pull a fast one. If a party is accused of committing a fraud or making a bad transfer of money or assets, a Motion to Compel will probably be required. In the same manner, a party can be penalized for destroying evidence or attempting to mislead the court.
The most important point to remember when filing a Motion to Compel is to follow the appropriate court rules. If a party refuses to respond to a motion, the court can impose sanctions. This can range from monetary fines to criminal penalties. The penalties can be severe, especially if a party is found in contempt of court. Similarly, a court can strike a party’s pleadings. A party will also be denied the right to assert a defense if he or she violates the rules.
A Motion to Compel is an excellent way to get the other side to comply with a discovery request. However, it can also be a frustrating process. A Motion to Compel should be handled by an experienced attorney who understands the rules of the law. In addition to the Motion to Compel, the lawyer should draft a Motion in Opposition and send a copy to the other side.