The truth about Motions to Compel
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3 жыл бұрынWatch the video to learn The truth about Motions to Compel
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@father1st894 2 жыл бұрын
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 2 жыл бұрын
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 Жыл бұрын
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 Жыл бұрын
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
@ginapierre6656 Жыл бұрын
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 Жыл бұрын
I honestly don't know if there is a form motion put forth by the State of NJ. I always draft my motions myself.
@peopleofthestateofcaliforniLLC Жыл бұрын
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
@rmelnyk3986 2 жыл бұрын
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 2 жыл бұрын
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 2 жыл бұрын
@@jdelawfirm8388 😀
@bvsanchez6161 Жыл бұрын
Where did this guy get his license? That is the whole point of motion to compel
@jdelawfirm8388 Жыл бұрын
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 11 ай бұрын
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!
@cathygarza3142 2 ай бұрын
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 2 ай бұрын
Unfortunately, I don't practice criminal law. I suggest you speak with a criminal attorney to best protect yourself.
@vegas9440 Жыл бұрын
How much is your on phone calls?
@yali5025 4 ай бұрын
What if other side really don’t have what you asked for after the the “motion to compel”
@jdelawfirm8388 4 ай бұрын
As in it doesn't exist or they don't have it? You may need to Third-party subpoena a different source.
@nickv7824 Жыл бұрын
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 Жыл бұрын
Unfortunately, I don't know anything about Criminal Law.
@ginapierre6656 Жыл бұрын
@@jdelawfirm8388 An attorney that says " I don't know" when he doesn't know is a great attorney. Thank you.
@sensouzenaku8006 3 жыл бұрын
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
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