A bond motion is used to compel compliance with legal requests, often in civil cases. The moving party must state what information or documents the other party is withholding and why their responses are inadequate. If approved, penalties may be imposed for non-compliance. Rules vary by jurisdiction.
In a motion for bond, one litigant asks the court to issue an order compelling another litigant to comply with a specific legal request. Parties often use these motions in civil cases when the opposing party fails to deliver discovery requests in a timely manner or when the other party provides incomplete answers to questions posed in written interrogations. A bond motion can be applied to any type of discovery request, including requests to produce documents and depositions.
Typically, in a motion to comply, the moving party must state the nature of the case and list what information the other party is withholding or what documents it has not produced. The plaintiff must list the reasons why the other party has provided insufficient investigative responses and describe the ways in which the responses are inadequate. At the outcome of the application, the motive must formally ask the judge to issue an order that obliges the defaulting party to participate in the preliminary investigation process permitted by the rules of the jurisdiction.
If the court approves the plaintiff’s bond motion and the subject of the motion fails to comply with the order, the offending party may be subject to legal penalties. These penalties may include criminal charges for contempt of court. The court generally will not consider imposing penalties on the defaulting party if the complaining party filing the motion does not request penalties in the motion.
At the federal level in the United States, motions to compel are governed by the Federal Rules of Civil Procedure (FRCP) under Rule 37. Under Rule 37, motions to compel discovery or disclosure must state that the plaintiff took good faith steps to obtain the records before involving the judge. Under Article 37, parties filing a bond motion must also provide the other parties to the case with notice stating that they have filed such a bond motion and are asking for discovery responses.
Individual states make their own rules regarding bond motions for cases heard in local and state courts and state appellate courts. These rules often vary from the FRCP. For example, some state laws allow oral motions when filed in a trial or hearing.
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