(Posttrial) Motion to Compel Discovery – after judgment, force the opponent to procure essential evidence, usually to determine the nature of the judgment debtor’s assets or to obtain testimony for use in future proceedings

Notice: This page describes Motion to Compel Discovery when used posttrial., which is quite different than the Pretrial Motion to Compel Discovery.

Motion to Compel Discovery:

(1960) A party’s request that the court force the party’s opponent to respond to the party’s discovery request (as to answer interrogatories or produce documents). Fed. R. Civ. P. 37(a). – Often shortened to motion to compel. – Also termed motion to enforce discovery.”

Discovery:

n. (16c) 2. Compulsory disclosure, at a party’s request, of information that relates to the litigation.  See Fed. R. Civ. P. 26-37; Fed. R. Crim. P. 16.   The primary discovery devices are interrogatories, depositions, requests for admissions, and requests for production.  Although, discovery typically comes from parties, courts also allow limited discovery from nonparties. 3. The facts or documents disclosed <the new associate spent all her time reviewing discovery>. 4. The pretrial phase of a lawsuit during which depositions, interrogatories, and other forms of discovery are conducted.  discover, vb. -discoverable, adj.” [1]

     Excerpt from Geoffrey C. Hazard Jr. & Michele Taruffo’s American Civil Procedure: An Introduction (1993):

    “Discovery has broad scope. According to Federal Rule 26, which is the model in modern procedural codes, inquiry may be made into ‘any matter, not privileged, that is relevant to the subject matter of the action.’  Thus, discovery may be had of facts incidentally relevant to the issues in the pleadings even if the facts do not directly prove or disprove the facts in question. [2]

Postjudgment Discovery:

(1967) Discovery conducted after judgment has been rendered, usually to determine the nature of the judgment debtor’s assets or to obtain testimony for use in future proceedings. — Also termed posttrial discovery.

Reciprocal Discovery:

(1913) 1. The corresponding rights and duties of both sides of litigation to engage in discovery; especially, the prosecution’s right to the disclosure of information and documents from a criminal defendant.

Jurisdictional Discovery:

(1961) Discovery that is limited to finding facts relevant to whether the court has jurisdiction. * A court may allow limited jurisdictional discovery before it rules on a motion to dismiss for lack of jurisdiction.”

Merits Discovery:

(1975) Discovery to uncover facts that support the claim or defense, or that might lead to other facts that will support the allegations of a legal proceeding.”

Accelerated Discovery:

(1973) A party’s production of relevant evidence to an opponent at a time earlier than would otherwise be required by rule or standing order of the court. * The accelerated discovery is usually carried out in compliance with’a specific court order or the parties’ agreement — Also termed accelerated disclosure.

Document Discovery:

“The use of devices to request an opponent’s production of documents containing information relevant to litigation.”

Discovery Disclosure:
Definition found under DISCLOSURE (2)

“2. The mandatory divulging of information to a litigation opponent according to procedural rules. — Also termed pretrial disclosure; compulsory disclosure; automatic disclosure; discovery disclosure. — disclosural, adj.

Discovery Immunity:

(1975) An exemption provided by statute, caselaw, or court rules to exclude certain documents and information from being disclosed during discovery.”

Administrative Discovery“Discovery conducted under the rules for an administrative hearing.

Administrative Hearing“(1911) An administrative-agency proceeding in which evidence is offered for argument or trial.”

 

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Notice: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

How the U.S. Judicial System is Designed to Enable The People to Fix the System when used as Designed