Motion compel personnel file

The courts have repeatedly ruled that defendants must have access to any information that can help them prepare a defense. Prior complaints may include false evidence, false arrest, excessive force, racial profiling, discrimination or harassment, or criminal conduct on the part of the arresting officer.

Complaints may include allegations such as using improper tactics or illegal methods of obtaining evidence, filing a false police report, or physically abusing or threatening the defendant. These motions typically apply to all files maintained by the law-enforcement agency on the arresting officer, including citizen complaints, internal affairs investigations, and psychological medical records. For example, if the driver accuses the officer of filing a false police report, he or she would be unable to access records pertaining to complaints of excessive force.

If excessive force is charged against the officer, a copy of the police report must also be attached. A hearing on the motion takes place in two phases. The court must first establish which records are subject to disclosure, and the judge will then review the records in question outside of the presence of the lawyers and defendant.

The judge will approve the motion only if the defense has outlined specific facts that support the requested records. A motion of this type must show good cause to be considered, but the legal standard for good cause is relatively low. The defense attorney must demonstrate only that police misconduct could or might have occurred.

If one party is uncooperative with a request for information, the opposing party may file a motion to compel. What does motion to compel mean and how does the process work? If you find yourself entangled in the legal process, read further for an overview of what a motion to compel entails.

A motion to compel asks the court to enforce a request for information relevant to a case. Here is a general sequence of events leading up to the filing of a motion to compel :. After preparing the documentation, the originals are then submitted to the court.

The opposing side will receive copies of the documents as well. Discovery is a key step in the legal process, allowing each party to request specific information from the other party.

Each side reviews propounded discovery , using it to build their case. If one side neglects to respond to requests for discovery by the deadline, the requesting party may choose to file a motion to compel discovery. Other situations may warrant a motion to compel, including incomplete responses, skipped questions, or an outright refusal to answer. Each party will propound discovery relevant to the case from the opposing side.

There are different categories of discovery, which include:. On Motion day, both sides present their case before the court:. The judge will either deny the motion to compel, order the opposition to provide the discovery by a deadline, or will grant in part and deny in part the motion, and will only require some of the discovery to be provided. We offer a free consultation for any personal injury matters. Our dedicated team of legal experts at Valiente Mott will handle your case with excellence, efficiency, and care.

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Understanding Motions to Compel.