Keyword Analysis & Research: motion to compel ny

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Frequently Asked Questions

Can a party make a motion to compel discovery?

Discovery Motions. Or, a party can make a motion to make the other side give the discovery that he or she was asked for by making a motion to compel. See CPLR 3124. If a party ignores the court’s order compelling discovery, the other side can ask the court to punish him or her for ignoring the court’s discovery order.

What is a motion for contempt of court?

A motion for contempt asks the court to fine and/or jail the other side for ignoring the court’s order. There are special rules for making a contempt motion. See Jud. 756. A party can ask the court to vacate (cancel) a default judgment by making a motion. But, the motion papers must tell the court the information needed by law to do so.

How are motions used in a civil case?

While both sides are preparing for trial by exchanging information, motions can be used to ask the court to decide any discovery problems. For example, a party can make a motion to ask to allow him or her not to give the other side the discovery that was asked for.

What is a motion for summary judgement?

In a motion for summary judgment one side asks the court to decide the case based on arguments made in court papers. The moving side argues that there are no facts in dispute and a judgment should be granted without a trial. If the court decides that there is no question of the facts and the law, then the court can grant summary judgment.

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