This is the most common discovery motion we file. ;]qIt% rL(PjV G)-r.=Pe$2 q&Fxj43 ]T~Pzxr@[yr3,(DJNg5j;xWVJmveeeUMY|jiZh(lg4 @kRh6t=?~/CYbF\ZgMK|xY.~%:TXA:zNZl :Wh+j)_H\`G"aJ?$4lLHKA1fO+jnwcrDOx/\ 5. Re: Michelle Defazio v. Quality Auto Exchange Corp. and Mina Abaid Adding your team is easy in the "Manage Company Users" tab. 0000000016 00000 n Here is a general sequence of events leading up to the filing of a motion to compel: The lawsuit officially begins when the Plaintiff initiates a civil action against the Defendant. N.J.R. 3 N.J.R. N.J.R. 1:4-5. Motion to Compel will be able to access it on trellis. Below is a sample motion to compel discovery. 11 433, 446 (Law Div. Exhibits to a pleading or paper may be incorporated by reference in a different part of the same pleading, or in another pleading or paper. Defendants had moved for an order to set a date certain for the taking of the deposition. Div. xref Web Plaintiff re-served the same discovery because defense counsel (the same attorneys who represented the defendant previously named in this case) objected to service prior to the Respondent(s) shall within 10 days of the filing of the praecipe file a response to the Contested Discovery Motion. Motion for Order Compelling Discovery. N.J.R. The Rules Governing the Courts of the State of New Jersey may be cited two ways, as "N.J. Court Rules, 1969" or more commonly, for example "R. 1:1-3". WebSince there are no pre-printed Judicial Council forms for motions to compel responses, you must draft them yourself. interrogatory. trailer 0 Briefs may not be submitted at a later time, without leave of court. The last case I referred to them settled for $1.2 million. How Maryland Personal Injury Lawyers Should Deal with Motions to Compel Discovery. Leave of court to file a brief may be applied for ex parte. 407, 424 (Law Div. N.J.R. Background After commencement of the action, any party may take the testimony of any : MER-L-002124-19 We noticed that you're using an AdBlocker. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (See Segal v. Lynch (2012) 211 N.J. 230, 256-57. v. Dismissal of a complaint, of course, is not the sole remedy when a plaintiff violates a discovery rule. Your recipients will receive an email with this envelope shortly and Div. July 10, 2018). See Bergen County Superior Court SmartRules procedural guide: FILING DOCUMENTS. Div. 4. 2 Broad Street In its consideration of the ultimate sanction of striking a pleading, a judge must weigh the delinquent party's right to an adjudication on the merits with the other party's right to expect compliance with the discovery rules and orders. (SeeZaccardi v. Becker (1982)88 N.J. 245, 256-58. 1:6-5 (amended eff 5/15/18). The U.S. Supreme Court recently held in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) (BMS) that a state court does not have personal jurisdiction over an out-of-state defendant to hear claims brought by an out-of-state plaintiff absent a connection between the forum and the specific claims at issue.In the mass torts 0000003812 00000 n PRO-SE LITIGANT MOTION PACKET CHANCERY Superior Court of New Jersey Bergen County. WebThe Court may impose sanctions in accordance with Rule of Civil Procedure 1.380(b) if discovery is not completed within 15 days from the date of entry of the order, and the proposed order should so provide. 640 0 obj<>stream 1985). hbbd```b``~ "[d5d/L~`b {``m0 X\ Y"?&zZ vr"d10128 _= ]7 . 527 (App.Div. All other discovery in matrimonial actions shall be permitted only by leave of court for good cause shown.(See Lepis v. Lepis (1980) 83 N.J. 139, 159 n.10. WebA sample certification that a party may file in support of a motion to compel discovery in actions pending in the New Jersey Superior Court, Law Division, Civil Part or the (c) Motion to Compel. N.J.R. 0000029442 00000 n Note: Source-R.R. N.J.R. ROSE CUNNINGHAM, PLAINTIFF-APPELLANT, Motion to Compel Discovery Sample Document. WebPLAINTIFFS MOTION TO COMPEL DISCOVERY RESPONSES FROM DEFENDANTS Pursuant to Fed. That on March 2, 2017, the attorney representing the Plaintiff requested that all Defendants supply Answers to Interrogatories and responsive documents. 0000003058 00000 n BER-L-7317-20, at *7 (N.J. Super. We have notified your account executive who will contact you shortly. 1:5-1 (a) (amended eff 9/1/18). *17 We reverse. IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND. ), certif. N.J.R. You can always see your envelopes WebAny party to a case may bring a motion. If the hearing is continued, the court may impose sanctions. endobj 0000003199 00000 n VIA MAIL: ), Broad discretion is given to the trial court to determine the scope of discovery. (SeeHoward Savings Inst. 197 6). Webthe motion, and the time for responding has passed. The original motion must be filed with the clerk of the court in the county of venue. endstream endobj 639 0 obj<>>> endobj 641 0 obj<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Group<>/StructParents 0/Tabs/S>> endobj 642 0 obj<> endobj 643 0 obj<> endobj 644 0 obj[250 0 0 0 0 0 0 0 333 333 0 0 250 333 250 0 500 500 500 500 500 0 500 0 500 0 333 0 0 0 0 0 0 722 667 722 722 667 611 778 778 389 500 778 667 944 722 778 611 0 722 556 667 722 722 1000 0 722 0 0 0 0 0 500 0 500 556 444 556 444 333 500 556 278 333 556 278 833 556 500 556 556 444 389 333 556 500 722 0 500] endobj 645 0 obj<>stream 42, 52. iI{` HNzo`f;H{h_bu/Zra2kt7B4}P%6*'P6rW]^8Gx!bq5L-:QV"z~j{5,$V!Z;%&Ic Csy >QfMDp B:T54vTbs:1}LC#L7+ 2 Trans, OCN-L-000480-20 11/08/2021 4:38:14 PM Pg 1 of 1 Trans ID: LCV20212603898 UtjrZ^Kkh. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. Motion to Compel Discovery - New Jersey Essex Superior Court of cy] The compliance court mayor may not be the same as the issuing court. 4:23-1(c). ELIZABETH RUMMEL AND WILLIAM RUMMEL, DEFENDANTS-RESPONDENTS. Web: : : : : : : : : : : CIVIL ACTION NO. Zaccardi, supra, 88 N.J. at 252. WebWhere to Make the Motion Counsel must make a motion under FRCP 37 to compel a non-party's compliance with a subpoena in the compliancecourt (the court for the district where the discovery is or will be taken) (FRCP 37(a)(2)). The failure of a party to file and serve a response in opposition to a motion within the time prescribed for doing so constitutes consent to grant the motion. D.N.M. 0000001915 00000 n Motion to Compel Discovery R. 5.3(c) for materials Plaintiff's counsel was again unable to attend. 3 0 obj must be made returnable prior to the expiration of the discovery period.(See Carbis Sales v. Eisenberg (2007) 397 N.J. Super. Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! A local court has no authority to promulgate rules which abrogate or modify the rules promulgated by the Supreme Court. q.dgRpB iUN ]Q,)om! 190, 194-195 (App.Div. R.4:17-5(b).When a responding party declines to turn over requested 7 dated July 1, 2015, each plaintiff shall serve his or her completed Plaintiff Fact Sheet on Some miscellaneous jurisdictions are also covered. Disease Asso., 199 N.J. Super. A-2772-15T1, at *10-11 (App. 1:6-2 (e) (amended eff 9/1/22). Attachment B, Order Compelling Discovery, is a sample form order on a motion to compel. N.J.R. stream The failure to act described in this rule may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by R. 4:10-3. But if you let it go too long, you are going to run into trouble with the scheduling order. The form of order must indicate whether the motion was opposed or unopposed. LR-Civ. We will email you P3Dq(\,C2X00(~zqdW(P2 e|:K4 0p M rqvR AJAH/|\UsMl p=Mu'P]S Y +]H yb68] j00wt4| b b8 @JPH"U5HHB AFA g! 1:6-5 (amended eff 5/15/18). You will lose the information in your envelope, ORDER TO COMPEL DISCOVERY-Granted by Judge WILSON, ROBERT, G re: MOTION TO, Chung Vs Medical Transcription *Protected*, GENERAL CORRESPONDENCE submitted by SELLERS, GREGORY, R of KLEHR HARRISON , 5 Riverside Drive Llc Vs Countyline Electrical, GENERAL CORRESPONDENCE submitted by KENT, BRIAN, DOOLEY of LAFFEY BUCCI & , Doe #1 Jane Vs Massage Envy Franchi Sing, Llc, GENERAL CORRESPONDENCE submitted by RICCI, DAVID, C of DAVID C. RICCI, LLC. den. Disclaimer: The materials and information on this website do not constitute legal advice or create an attorney-client relationship. 1985), aff'd 208 N.J. Super. *16 Before Judges COLEMAN, HAVEY and STERN. Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. 424, 441.) Every motion in a civil case that has not been specially assigned involving any aspect of pre-trial discovery must be accompanied by a certification stating that the attorney for the moving party has either: Briefs must be filed at the same time as the moving, opposing, or reply papers. Phone: 609-895-6990 action for wrongful-death damages was quickly followed by Bey Lea's motion to compel arbitration. It was his view that all of the parties should be deposed together "in the interest of efficiency.". A-4788-11T4, at *9 (App. Dismissal of the complaint was therefore an abuse of discretion. The Supreme Court's power to adopt court rules stems from the grant of such authority in N.J. Const. The person bringing the motion is called the moving party. Plaintiff just wants answers so we can proceed with the litigation without delay. (a) Motion for Order Compelling Discovery. MID-L-005163-18 10/20/2021 2:50:55 PM Pg 1 of 1 Trans ID: LCV20212441516 N.J.R. ), It is well settled that Rule4:17-1(4) provides, [e]xcept as otherwise provided [e.g., where a claim of privilege is made or where the information is the subject of a protective order,] every question propounded by a uniform interrogatory must be answered unless the court has otherwise ordered.(See Herrick v. Wilson, No. Registration is required, but its free New Jersey Court Rule 1:6 governs the procedure for filing motions in the Superior Court of New Jersey Law Division, and Chancery Division, General Equity. TAMARRIA BARLOW and SUPERIOR COURT OF NEW JERSEY <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 11 0 R 12 0 R 18 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> ), While a trial court has wide discretion in deciding the appropriate sanction for a breach of discovery rules, the sanction must be just and reasonable. (See Mauro v. Owens-Corning Fiberglas Corp. (1988) 225 N.J. Super. N.J.R. Johnson v. Mountainside Hosp., Resp. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. (b) Evasive or Incomplete Answer. at 195-196. Prior to moving to dismiss pursuant to subparagraph (a)(1) of this rule, a party may move for an order compelling discovery demanded ), The Supreme Court has held that it is especially inappropriate to grant summary judgment when discovery is incomplete[,] in particular, [w]hen 'critical facts are peculiarly within the moving party's knowledge. (See Velantzas v. Colgate-Palmolive Co.,(1988) 109N.J.189, 193; N.J. Anesthesia Assocs. Ms. Hon. 0000003589 00000 n The state judiciary website provides a guide to all citation forms used in New Jersey. When the motion judge dismissed the complaint she made no factual analysis regarding whether there was bad faith on plaintiff's part, whether lesser sanctions than dismissal "would suffice to erase the prejudice suffered by the non-delinquent party" or whether defendant had been prejudiced at all. 114, 120 (App.Div. 1228 0 obj <>/Filter/FlateDecode/ID[<5D648DF4CF0B8D4198F297B63189C2D3>]/Index[1204 61]/Info 1203 0 R/Length 117/Prev 414673/Root 1205 0 R/Size 1265/Type/XRef/W[1 3 1]>>stream If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. N.J.R. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) Appropriate Court. 0000003743 00000 n Motion for Order Compelling Discovery | NJ Courts Generally we decline to interfere with discretionary rulings involving discovery unless it appears that an injustice has been done. [DOCUMENT] Roman Christina Vs Ilearn Schools, Inc. [DOCUMENT] Newlin Leighton Vs The Geo Group, Inc. [DOCUMENT] Barlow Tamarria Vs No Credit Auto Sales Llc, [DOCUMENT] Garvin-Keyser Theresa Vs Parking Auth Of City -C. If a deponent fails to answer a question propounded or submitted underR.4:14 or 4:15, or a corporation or other entity fails to make a designation underR.4:142(c) or 4:151, the discovering party may move for an order compelling an answer or designation in accordance with the request. N.J.R. 8 Brief in Support of Motion to Compel Discovery. Douglas & Lori Jones Motion to Compel Discovery Responses in New Jersey - Trellis A copy of these letters are attached as Exhibits B and C. As of the present date, the Plaintiff has not yet received executed Answers to Interrogatories or a Response to the Request for Production of Documents from the Defendants. Last. 1960); Gargano v. Venezio, 38 N.J. Super. 240, 279 (App. %PDF-1.5 % and Towson; Carroll County including Westminster; Frederick County including Frederick; Harford County including Abingdon, Bel Air, Belcamp, and Forest Hill; Montgomery County including Germantown and Rockville; Howard County including Ellicott City and Columbia, Washington, D.C. and Washington County including Hagerstown. . Rule 1:6 - Motions and Briefs in the Trial Courts. Motion to Compel Discovery - New Jersey Bergen Superior PHONE: (215) 399-9255 To view this free sample motion to compel discovery, click the link below. 1204 0 obj <> endobj 1955); Suchit v. Baxt, 176 N.J. Super. Identification Nos: 017051990; 042181, GLO-L-001460-20 1:6-2 (c) (amended eff 9/1/22). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Absent exceptional circumstances, the court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good faith operation of an electronic information system. WebMotion to compel. ), certif. 2 1:2-4 (a) (amended eff 9/1/18). with or without prejudice,or rendering a judgment by default against the disobedient party who fails to obey an order to provide or permit discovery. October 19, 2021 The order of dismissal is reversed. 134 Franklin Corner Road, Suite 101 A A motion to compel against a non-party 514, 517 (App.Div. Part IV - Rules Governing Civil Practice in the Superior Court, Tax Court and Surrogate's Courts, Rule 4:23 - Failure to Make Discovery; Sanctions, Rule 4:24 - Time for Completion of Discovery and Other Pretrial Proceedings. WebSAMPLE MOTION TO COMPEL Law Office of Jeffrey J. Downey Serving clients in Virginia, Maryland and Washington D.C. Ibid, see also N.J.Dist.Ct. Feb. 25, 2020). See Wilkins v. Hudson County Jail, 217 N.J. Super. In most jurisdictions, the opposing party has 30 days to provide the requested information. endstream endobj startxref The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. v. Francis (1975)133 N.J. Super. Below is a sample motion to compel discovery. Div. Rule 4:23-2. September 15, 2021 Subpoenas: Enforcing a Subpoena (Federal) - Weil, Gotshal When a responding party declines to turn over requested documents, the requesting party may file amotiontocompel discovery,R.4:23-5(c), after having made a good-faith attempt tomeetandconferwith the responding party or having notified the responding party that continued noncompliance with the discovery request will lead to a motion to compel,R.1:6-2(c). A copy of this letter is attached Exhibit A. They quite literally worked as hard as if not harder than the doctors to save our lives. Probation Officers' Ass'n v. Cty. WebA sample certification that a party may file in support of a motion to compel discovery in actions pending in the New Jersey Superior Court, Law Division, Civil Part or the Chancery Division, General Equity Part. Signatures of a firm may be typed, followed by the signature of an attorney of the firm. WebNew Jersey Rules of Court New Jersey Rules of Court. The Order shall set forth the self Eleven Types of Legal Motions in NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE Award of Expenses of Motion. 4:27-1. We serve the following localities: Baltimore; Prince George's County including Bowie, Laurel, Landover, Hyattsville; Anne Arundel County including Glen Burnie; Baltimore County including Cockeysville, Glyndon, Hunt Valley, Jacksonville, Lutherville-Timonium, Owings Mills, Parkville, Reisterstown, Plaintiff Attorney Legal Information Center, Example Pretrial Documents for Plaintiff's Lawyers. Motions must be typed on 28-line pleading paper and follow a Lawrenceville, NJ 08648 If the motion to compel is granted, the court will, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion to pay to the Opposition to Motion to Compel Discovery The case settled and I got a lot more money than I expected. Civil Procedure Rule 37: Failure to make discovery: Sanctions ), [M]otions tocompel discovery. N.J.R. Except as provided in 7:8-9A, if without just excuse or because of failure to give reasonable attention to the matter, no appearance is made on behalf of a party on the return of a motion, the court may dismiss or grant the motion or application, continue the hearing to the next motion day or take such other action as it deems appropriate. N.J.R. Motion to Compel - Definition, Examples, Cases, Processes v. Blackburn, No. 37(a)(3) and Local Rule 3.04, Plaintiff moves the Court to compel Defendants to respond to Interrogatories 2 If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion pursuant toR.4:103. NEW JERSEY Sign up for our free summaries and get the latest delivered directly to you. 1983), certif. 4 0 obj Defendants thereupon moved to dismiss the complaint. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Notes: Be advised: All praecipe and certifications described above shall be made subject to the penalties of 18 Pa.C.S.A. 1978), aff'd 80 N.J. 343 (1979); U.S. Marlton, NJ 08053 WebRule 4:12. 1:6-2 (a) (amended eff 9/1/22). 1:6-2 (a) (amended eff 9/1/22). 4:23-2(b)." try clicking the minimize button instead. Thus, if discovery rules are to have any meaningful *19 effect upon calendar control and early disposition of litigation, they must be adhered to unless, for good cause shown, they are relaxed under R. 1:1-2. Via eCourts Failure to Make Discovery; Sanctions. : 07-CV-02768 ORDER AND NOW this _____ day of _____, 2007, upon consideration of plaintiff=s Motion to Compel Full And Complete Interrogatory Responses and Documents, and the defendants= response thereto, IT IS HEREBY ORDERED that plaintiff=s motion is GRANTED, and within five (5) days from Rule 4:23-6. ), Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on behalf of that party, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other date compilations from which information can be obtained and translated, if necessary, by the respondent through electronic devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope ofR.4:10-2 and which are in the possession, custody or control of the party upon whom the request is served; (See Lindenmuth v. Holden (1996) 296 N.J. Super. Motion to Compel Discovery 4:58:12 PM PgPg1 of1 1ofTrans Middlesex County Courthouse Briefs must be filed at the same time as the moving, opposing, or reply papers. 0000003225 00000 n If the motion to compel is granted, the court will, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. FAX (856) 751-0868 Enter to open, tab to navigate, enter to select, Practical Law Standard Document w-021-6053, https://content.next.westlaw.com/practical-law/document/I53e85ef5b79411e9adfea82903531a62/Certification-Motion-to-Compel-Discovery-NJ?viewType=FullText&transitionType=Default&contextData=(sc.Default), Certification: Motion to Compel Discovery (NJ). Browse as List; Search Within; 2; Make your practice more effective and efficient with Casetexts legal research suite. Individual courses and subscriptions available. Maryland Rule 2-431 and Federal Rule 37 both require certification by the requesting party setting forth the good faith effort that was made to discuss with the opposing attorney the dispute. A motion to compel disclosure or discovery pursuant to Rule 37 must be brought in the court where the action is pending. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before applying for an order. If you wish to keep the information in your envelope between pages, UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY endstream endobj 649 0 obj[3[250 333]36[722]38[722 722 667 611 778 778 389 500 778 667 944 722 778]53[722 556 667 722 722 1000]60[722]177[500]179[500 500]182[333]] endobj 650 0 obj<> endobj 651 0 obj<>stream 11:39:28 AMPgPg 1 of (P@SNl~.T@#iB@_hcBq EMqdD*~ i`|_Id2nN"^S8`#dJ`3g#9, MOTION TO COMPEL <> den. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. ]:ZnR]BK7H!7-5E69A;w tn M7|$ftAVznmzoFO y~?F.z y+=,IOO'9?E3uH9?C~_W,= See Winberry v. Salisbury, 5 N.J. 240, 245, cert. Too many defense lawyes think October 20, 2021 GLO L 001460-2008/23/2021 09/10/2021 endstream endobj 646 0 obj<> endobj 647 0 obj[653 0 R] endobj 648 0 obj<>stream by clicking the Inbox on the top right hand corner. ;{ q1QH5>?E{?Zl?im!Z_I[jpA?~K?pyiTDcBxN D&,,}6lGLxV [oG\Pcy7xER%='(^'0 That on February 15,, 2020, the Plaintiff requested, by way of a letter addressed to Defendant Erie's counsel, that the Answers to Interrogatories and Response to the Request for Production of Documents be promptly supplied. WebCivil Motion Forms: Superior Court of New Jersey NJ Civil Motion Forms Motions are necessary when a litigant is asking the court to provide specific relief in advance of a trial. Too many defense lawyes think discovey is due after a motion compelling it gets granted. LexisNexis CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Copyright RPCD Holdings LLC 2003-2023 exclusive of the text of government codes. 1264 0 obj <>stream Counsel preparing a motion for filing should consult this calendar and select a date listed on the calendar as the "return date for the motion." Ct. Part I. Electronically Stored Information. Web) Motion to Compel v. )))) Defendant. ) 8 9 10 11 12 13 His motion was clearly proper *20 under R. 4:23-4. 638 (1950). N.J.R. Failure to appear will preclude that person's testimony at trial. N.J.R. For the reasons set forth in the materials filed in support of this Motion, good MANDY GLENN- PlaintiffvSTEVEN KENNEDY, et al. The Plaintiff, Mandy Glenn, by her attorney, Ronald V. Miller, Jr., moves pursuant to Maryland Rule of Procedure 2-432 for an Order compelling the Defendants, Steven Kennedy, Michael Davis, and Erie Insurance Exchange, to promptly produce all outstanding discovery, and in support, states as follows: WHEREFORE, the Plaintiff moves for an Order compelling the Defendants to produce complete and executed Answers to Interrogatories and the required documents within the next 15 days. . 1:2-4 (a) (amended eff 9/1/18). Motion To Compel Discovery Law and Legal Definition startxref Registration is required, but its free and easy! Your subscription has successfully been upgraded. On April 14, 1987 defendants moved to compel the deposition of the plaintiff on May 14, 1987. 0000001343 00000 n http://www.judiciary.state.nj.us. The undersigned counsel for the Plaintiff certifies that counsel for the above parties have been unable to reach an agreement concerning this dispute, and as reasons, state: Sample Motion to Compel Discovery | Maryland Personal Injury Lawyer. Motion to Compel 0000002154 00000 n SALTZ MONGELUZZI & BENDESKY P.C. 329, 332 (App.Div. If a party or an officer, director, or managing agent of a party or a person designated under R. 4:14-2(c) or 4:15-1 to testify on behalf of a party fails to appear before the officer within this State who is to take his deposition, after being served with a proper notice, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under paragraphs (1), (2) and (3) of R. 4:23-2(b). Motion to Compel Depositions in New Jersey - Trellis 1 of If the motion to compel is granted, the court will, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified ), In the exercise of that discretion, the trial court can suspend the impositions of sanctions (1) where there is an absence of a design to mislead; (2) where there is an absence of the element of surprise if the evidence is admitted; and (3) where there is an absence of prejudice which would result from the admission of the evidence. (SeeBrown v. Mortimer, supra, 100 N.J. Super. We agree with both points. If our consideration of the issues was limited to the application of New Jersey law the result would be obvious because N.J.S.A. ), Courts have held that rules of discovery are to be liberally construed and accorded the broadest possible latitude. (SeeBlumberg v. Dornbusch, 139 N.J. Super. 4:79-5 provides: Interrogatories as to all issues in all matrimonial actions may be served by any party as of course pursuant toR.4:17. Cannot open/save sample. When making a motion to compel, the moving party is asking the judge to use the power of the court to essentially force another party to do something that he or she has so far refused to do. Defendant has been forced to incur attorneys fees to bring this Motion to Compel Discovery to require the Plaintiff to provide responses to Defendants discovery requests. On June 16, 1986 plaintiff filed a complaint against defendants seeking damages for injuries she sustained in an automobile accident. (1947) Art. 638 0 obj<> endobj If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.