What Happens If The Court Grants A Motion To Compel?
If the court grants the Motion to Compel, the rules allow the court to force the party or deponent whose conduct necessitated the motion, or the attorney who advised such conduct, or both, to pay the moving parties reasonable expenses. These expenses often include attorneys’ fees. What Happens If The Court Denies A Motion To Compel? If the court denies the motion, the court can assess the same costs to the moving party at the same discretion. If the motion is denied in part and granted in part, the court may apportion the expenses in a just manner. Failure to comply with an order to compel can lead to a list of consequences including, but not limited to, contempt of court. (Rule 61.01(d)). What Cases Govern Missouri Depositions? In McClelland v. Ozenberger, M.D., the court was asked for the first time to interpret Missouri Civil Procedure Rule 56.01(b)(4)(b) and “to determine whether a defendant is required to pay for the reasonable fee of a supplemental deposition of plaintiff’s exper
