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STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. E7, SUB 986 DOCKET NO. E2, SUB 998 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Application of Duke Energy Corporation

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How to fill out motion to compel discovery

How to fill out a motion to compel discovery:

01

Start by heading the document. At the top of the page, write "Motion to Compel Discovery" followed by the case number and the name of the court where the case is being heard.

02

Next, include your information as the movant. Write your name, title (if applicable), address, telephone number, and email address. If you are an attorney representing a client, include the client's name and contact information as well.

03

Identify the opposing party. Clearly state the name of the opposing party in the case.

04

State the background or context of the case that necessitates the motion to compel discovery. Provide a brief summary of the issues involved and why additional discovery is necessary for the proper resolution of the case.

05

Identify the specific discovery requests that the opposing party has failed to respond to adequately or at all. Be detailed in describing the requests and specify the dates on which they were submitted.

06

Explain the efforts made to resolve the discovery disputes without court intervention. Describe any communications or attempts to meet and confer with the opposing party to resolve the issues amicably.

07

State the legal authority and rules that support the need for the motion to compel discovery. Reference any relevant court rules, statutes, or case law that establish the party's right to the requested discovery.

08

Provide a proposed order. Outline the relief you are seeking from the court in relation to the motion. This may include ordering the opposing party to respond to the discovery requests within a certain timeframe or imposing sanctions for their failure to comply.

09

Sign and date the motion. Include your signature and date at the end of the document.

Who needs a motion to compel discovery?

A motion to compel discovery is typically filed by a party in a lawsuit who believes that the opposing party has failed to adequately respond to their discovery requests. It may be necessary when the opposing party fails to provide the requested documents, refuses to answer interrogatories, or does not produce requested information during depositions. The motion asks the court to order the non-compliant party to respond and provide the necessary discovery materials.

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