Motion to Compel - Sample Form

[underjudgment]

What is the name of your state? KY

I submitted an answer to a civil summons and included requests interrogatories and production and asked for submission within 30 days. I did not receive any information from the attorney nor was anything filed in the court records. I am looking for a sample Motion to Compel Answers sample form. I've tried searching online, but most of those were for injury cases and for the plaintiff and not the defendant. The plaintiff also did not file for an extension to submit the information requested for discovery. Am I right in trying to submit a Motion to Compel Answers? They have now sent me interrogatories and request to admit facts. And they even offered to settle the case for the full amount. That was nice of them What motions should i file now in addition to the motion to compel, if any. Also, one of their interrogatories requests that I submit my social security number. This is public record. Do I have a right to not include my SSN? How would I respond to that question? Hope someone can help.

 

[SHORTY LONG]

What is the name of your state? KY

I submitted an answer to a civil summons and included requests interrogatories and production and asked for submission within 30 days. I did not receive any information from the attorney nor was anything filed in the court records. I am looking for a sample Motion to Compel Answers sample form. I've tried searching online, but most of those were for injury cases and for the plaintiff and not the defendant. The plaintiff also did not file for an extension to submit the information requested for discovery. Am I right in trying to submit a Motion to Compel Answers? They have now sent me interrogatories and request to admit facts. And they even offered to settle the case for the full amount. That was nice of them What motions should i file now in addition to the motion to compel, if any. Also, one of their interrogatories requests that I submit my social security number. This is public record. Do I have a right to not include my SSN? How would I respond to that question? Hope someone can help.

Here is two sites that may or may not be of help.
http://en.wikipedia.org/wiki/Motion_(legal)
http://www.kinseylaw.com/attyserv/civil/lawmotion/notmoattend.html

 

[dcatz]

OP – These questions were posted on the 17th. I don’t know that you’re still checking back and will keep this as brief as possible:

This site has a sample motion to compel and a number of other pleadings that may come to be useful
http://www.ucan.org/telenforcers/attorneys/litigationforms

Unfortunately, they are not specifically drafted with reference to KY law. You would have to substitute KY citations, where citations from other states are used. While doing things online is handy, going to a law library and reviewing a KY “form book” is likely to be faster and easier in the long-run.

You’re right in getting your motion submitted. No offense, but right now you’re getting “out-lawyered”, and it puts you at risk. Did you make an informal request for compliance? Do you have to in KY? These are some of the procedural small points that make me wonder why you appear to have disdain for an offer of full settlement. Can you be certain of gaining that much more, and is it worth the time and risk?

Nobody would know if other motions are appropriate. As to your SSAN, if it is public record (how did that happen? Legally, they are now at least truncated to the last 4 digits.), you can respond that you object on the basis that the information requested is equally as available to the propounding party as to the responding party (meaning they have it or can get it as readily as you providing it) and see if they accept that or want to move to compel further responses.

 

[GulfBreeze]

here is my example...you will have to know your states laws and apply them as needed...

MOTION TO COMPEL
INTERROGATORY, PRODUCTIONS OF RECORDS AND ADMISSIONS
In the County Court in and for XXXX County, Florida

XXXXX (Plaintiff)
vs
XXXXXX (Defendant)

Case#XXXXXX
Division XX​

Request a hearing on following motion for possible sanctions.


Your Honor:

NOW COMES THE DEFENDANT WHO DEPOSES AND SAYS:

1. Pursuant to Florida Rules of Civil Procedure Small Claims Rule 7.020 (b). “Any party represented by an attorney is subject to discovery pursuant to Florida Rules of Civil Procedure 1.28-1.380 directed at said party, without order of court. If a party proceeding without an attorney directs discovery to a party represented by an attorney, the represented party may also use discovery pursuant to the above-mentioned rules without leave of court. When a party is unrepresented and had not initiated discovery pursuant to Florida Rules of Civil Procedure 1.280-1.380, the opposing party shall not be entitled to initiate such discovery without leave of court.”

2. At Pre-trial Conference the Court granted Discovery.

3. Florida Rules for Civil Procedures permits discovery as a method of narrowing the issues for the Court to decide. All questions submitted where written to lead to admissible evidence.

4. Plaintiff was served with Discovery, Interrogatory, and Admissions on XXXXX. (Copy of return receipt enclosed)

5. Florida Rules for Civil Procedures Rule 1.340 prescribes the required time period under which Discovery must be responded to 30 days after service. The court may allow a shorter or longer time.

6. The Defendant has not received notification from the Plaintiff, they object to Discovery.

7. The Defendant certifies on XXXXX, the Defendant telephoned the Law Office for Plaintiff and spoke with XXXXX. XXXX (attorney now handling the case since original attorney no longer is employed with firm) informed myself that they did not need to answer them and were not going to answer them.

9. To date the Plaintiff has not provided the court with any answers to these requests.

The Defendant respectfully, request the Court, enter an Order requiring the Plaintiff to provide full and complete responses to the above request WITHIN FIVE DAYS of the order granting Discovery.

name
address

Certificate of Service:

The undersigned certifies that a copy hereof has been furnished to firm...

MOTION TO STRIKE​

COMES NOW, the Defendant, pro se undersigned and hereby states the following:

1. This action was commenced on XXXX by Plaintiff filing a Summons and Complaint in County, Small Claims Court.

2. Defendant pro se appeared in person at the Pre trial conference and asserted various defenses among which the alleged debt was outside the Statue of Limitations.

Discovery was granted at the Pre-trial since no evidence was attached to claim to support their case.

On XXXX the Defendant sent the Plaintiff, First Set of Interrogatories, Production of Documents and Admissions

On XXXX, Defendant telephone the Plaintiff’s office and spoke with XXXXX (handling this case), and was informed that he objected to all interrogatory’s, production of documents or admissions.

The Plaintiff has failed to provide the Defendant with requested documents. The Plaintiffs refused to answer any discovery question requiring the Defendant to file a motion to compel.

FIRST RELIEF PRAYED FOR

Now therefore, as a result of Plaintiff’s failure and refusal to comply and to provide the required documents. Defendant has been irrevocably harmed in his ability to narrow the issues for the Court to consider, and Defendant prays that the Court grant an Order to Strike Plaintiff from producing any evidence, testimony, documents or other written, electronic or verbal matter at Trial.



signature


name
adress

 

[MichaelD76040]

Motion to Compel for Texas Traffic Courts

I am pursuing a traffic violate citation in a traffic court in Texas.

I filed a Motion for Production & Discovery with the court & copied the DA.

However, the DA has not responded to the questions as requested and is trying to avoid complying because I am Pro Se.

Do you have a sample form of a Motion to Compel for the State of Texas for use in traffic courts?