Legal Question in Civil Litigation in Arizona
The Order to Motion to Compel
Do you need to include in the order that is attached to a motion to compel the sanctions you ask for in the motion to compel? If so, how can you ask for sanctions in the order include with the motion to compel when you don't know what sancton the judge will be choosing to apply? The sanctions range from attorney's fees all the way up to the striking of the answer to the complaint. In my motion I cited case law where a similar case had the answer struck. Also, what is the time period they have to response to an order to compel?
1 Answer from Attorneys
Re: The Order to Motion to Compel
Response deadlines differ between courts, so look to the rules of the court your litigation is in. Include all sanctions you are requesting in your order, the judge will probably choose which sanctions is applicable.
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