Sample Motion To Compel Discovery Responses

SAMPLE MOTION TO COMPEL DISCOVERY RESPONSES

STATE OF _____________________

IN THE _______________ COURT FOR THE COUNTY OF _____________

PLAINTIFF,

Plaintiff, Case No. _____________

Hon. _____________

DEFENDANT INSURANCE COMPANY,

Defendant.

PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S ANSWERS TO PLAINTIFF’S INTERROGATORIES, REQUEST FOR PRODUCTION DOCUMENTS, AND DEEM REQUEST TO ADMIT ADMITTED

NOW COMES Plaintiff, by and through his attorneys, the Law Offices of Michael J. Morse, P.C., and for his Motion hereby states as follows:

This is a claim for outstanding No-Fault PIP benefits and auto negligence.

On or about [date], Plaintiff’s First Requests for Admissions, Interrogatories and Request for Production of Documents to Defendant, Defendant Insurance Company, Dated [date], and Plaintiffs’ Interrogatories and Request to Produce PIP File and Training Manual Directed to First Party Defendant, Defendant Insurance Company, Dated [date], were served upon Defendant, along with Plaintiff’s Complaint, to be answered by that same Defendant, within forty-two (42) days of service.

Forty-two days have elapsed and no answers to said discovery requests have been delivered to, or served upon, the attorney for the Plaintiff, said answers being crucial to this cause of action. Defendant has not requested additional time to respond to such Request to Admit and has made no objections regarding such Request to Admit.

Pursuant to MCR 2.312, the Plaintiff’s First Requests for Admissions, Interrogatories and Request for Production of Documents to Defendant, Defendant Insurance Company, Dated [date] are deemed admitted.

In addition, Plaintiff seeks an Award for Expenses of Motion pursuant to MCR 2.313.

WHEREFORE, Plaintiff prays that this Honorable Court enter an Order deeming Plaintiff’s Request to Admit admitted and conclusively established. In addition, Plaintiff requests that this Honorable Court rule that Defendant not be allowed to submit evidence contrary to Defendant’s admissions. Further, Defendant requests this Honorable Court compel Defendant to respond to Plaintiff’s First Requests for Admissions, Interrogatories and Request for Production of Documents to Defendant, Defendant Insurance Company, Dated [date] and Plaintiffs’ Interrogatories and Request to Produce PIP File and Training Manual Directed to First Party Defendant, Defendant Insurance Company, Dated [date] within fourteen (14) days.

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