Assignment : Drafting Assignment-Motion to Compel Production of Evidence
The motion to compel production of evidence is a document that has special significance in a trial.
It asks the court to force the opposing side to produce the evidence they have or have access to.
The motion to compel usually means the opposing side is obstructing the discovery process.
At this stage, you should be able to answer the following basic questions:
What types of information do you think you would need in this case and that the other side would not want to turn over?
Should the motion to compel come with a request for sanctions? Why or why not?
Tasks
Shortly after you serve O'Fay's counsel with your request for admissions, you are provided with answers; however, they are not admissions and each requested admission alleges that the defendant does not have sufficient information to affirm or deny the factual allegation.
These admissions, in particular the fact that O'Fay never attempted to interview Harper, are vital to your case.
After you consult with your supervising attorney, he instructs you to file, under his supervision, a motion to compel admission with the court and serve it upon O'Fay's counsel.
In this motion, you must allege that the facts in question are undeniable and move that the court compel the defendant to so admit.
Compile your work in a Microsoft Word document.