If your opponent hides evidence (and he will hide it) this lesson shows you how to pry him out from behind that tree … no matter how he drags his feet, screams, and complains to the judge. Your opponent knows he will not win if you get evidence supporting the allegations in your pleadings, so he will hide it.
You have a God-given right to get the evidence you need.
This lesson shows you how to force the court to strike his pleadings, dismiss his case, or even throw him in jail until he obeys the rules and turns over evidence he doesn’t want you to see.
There are steps you must follow to compel evidence from your opponent (or anyone else who has evidence you need to win your case). You must follow these steps in order!
It's rare to see a case where opponents don’t try every trick in the book to prevent hidden evidence from being discovered.
Fortunately, if you're willing to fight and follow the steps, it’s remarkably easy to get the evidence you need. It takes some time to get it, but get it you will.
Compelling evidence depends on what discovery tool you are using:
You may think you already have “all the evidence” you need to win, but if you come to court with “your own evidence”, instead of using discovery to make certain your evidence will be admitted to the court record as authenticated, your opponent will object, the court will sustain his objection, and you’ll be left holding the bag.
If you cannot get "your evidence” admitted, you don’t actually have any evidence.
As you learned in the preceding Discovery lesson, written Requests for Admissions are your most powerful discovery tool. They force your opponent to admit the truth of any fact reasonably calculated to lead to the discovery of admissible evidence.
If your opponent admits a requested fact, that fact becomes admitted evidence and remains part of the court record throughout the proceedings.
Problem: Your opponent will try to avoid admitting anything!
Good news: The rules for compelling requests for admissions are very powerful.
Nonetheless, your opponent will try to avoid admitting by:
Each of these is covered in the following sections.
Failure to Respond
As soon as your request for admissions is served on the other side, a deadline clock starts ticking. Your opponent has a certain number of days to respond. (In many jurisdictions this is 30 days, but check your local rules.)
If your opponent fails to respond within the number of days allowed, file a Motion to Deem Requests Admitted and set your motion for hearing.
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PLAINTIFF Peter Plaintiff moves this Honorable Court to enter an order deeming all items of his Request for Admissions to be admitted for all purposes during the pendency of these proceedings and states in support.
1. Plaintiff served defendant with his First Request for Admissions on 3 January 2016.
2. As of 8 February 2016, defendant has failed and refused to file or serve on defendant any response to plaintiff's First Request for Admissions.
3. The time allowed for responding to Requests for Admissions in this jurisdiction has expired.
4. Justice and the Rules of Civil Procedure controlling this Honorable Court require that the facts requested in plaintiff's First Requests for Admissions be deemed admitted for all purposes during the pendency of these proceedings..
WHEREFORE plaintiff moves this Honorable Court to enter an order deeming the facts stated in plaintiff's First Requests for Admissions to be deemed admitted for all purposes during the pendency of these proceedings.
RESPECTFULLY SUBMITTED this ___ day of ____________ 2016.
[ Certificate of Service ]
Cite the controlling rule in your motion and include any controlling case law that supports your position that everything you requested your opponent to admit should be deemed admitted for all purposes if he refuses to respond within the time allowed!
Suppose one of your requests was, “Admit that the document attached as Exhibit A is an accurate copy of a contract signed by you on 23 May 2016.” If your opponent doesn’t respond within the time allowed, the court may deem that exhibit to be an accurate copy of the contract, that your opponent signed it on 23 May 2016, and your opponent will be stuck with that fact as admitted evidence throughout the proceedings!
Failure to Deny
If your opponent admits some items but denies or objects to others, without stating in detail the reasons why he cannot admit or deny, file a Motion to Deem Requests Admitted and set your motion for hearing.
He cannot merely object or say he is unable to either admit or deny.
He must give reasons, and his reasons must be stated in detail, explaining why he cannot truthfully admit or deny.
He may admit part but deny another part of a single requested item, but for each denial he must state his reasons in sufficient detail to give you an opportunity to question him further on that item. The rules do not specifically say what the required "detail" is, but that is the substance of it.
Your opponent cannot simply deny or object without reasons! If he objects or says he can neither admit or deny (which is an objection) without giving you sufficient details that you can dig into later, file a Motion to Deem Requests Admitted and set your motion for hearing.
He may not say he doesn't know enough to admit or deny unless the also states that he made a reasonable effort to obtain such information as he needed to be able to admit or deny!
He may not refuse to answer on the ground that his answer goes directly to an issue that is at the heart of the case, i.e., an issue that should be reserved for trial. Requests for admissions are designed to get at just such issues before trial!
If your opponent denies an item in your request, that denial must fairly respond to the substance of the matter. When good faith requires your opponent to qualify a response or to deny only part of an item, his response must specify the part admitted and qualify or deny the rest.
If you receive anything less, file a Motion to Deem Requests Admitted and set your motion for hearing.
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PLAINTIFF Peter Plaintiff moves this Honorable Court to enter an order deeming certain items of his Request for Admissions to be admitted for all purposes during the pendency of these proceedings and states in support.
1. Plaintiff served defendant with his First Request for Admissions on 3 January 2016.
2. Paragraph 2 of plaintiff's request stated, "You were allowed to use Plaintiff's grapefruit delivery truck."
3. Paragraph 4 of plaintiff's request stated, "You received $3,000 from plaintiff on 17 May 2012."
4. Defendant neither admitted or denied either of these requests.
5. Failure to admit or deny is forbidden by the rules.
6. Justice and the Rules of Civil Procedure controlling this Honorable Court require that the facts requested in plaintiff's paragraphs 2 and 4 be deemed admitted.
WHEREFORE plaintiff moves this Honorable Court to enter an order deeming the facts stated in paragraphs 2 and 4 to be deemed admitted for all purposes during the pendency of these proceedings.
RESPECTFULLY SUBMITTED this ___ day of ____________ 2016.
[ Certificate of Service ]
Compelling production is a bit different, requiring a few more steps in sequence.
There are three (3) steps.
It can require weeks or even months to follow all three steps, because each motion needs to be served, and a hearing is required for each motion, but in the long run you will get the production you seek if you follow these steps as this course explains.
Do not give up!
Your opponent will resist production, especially when the items you seek to be produced are going to lead you to the discovery of admissible evidence supporting material facts alleged in your pleadings!
Expect responses like these: objection, vague, ambiguous, seeks to inquire into the attorney-client privilege, work product, overly burdensome, etc.
Crooked lawyers will go to great lengths to hide documents and things you need to win your case. They will actually hide stuff and deny having it. They will lie to the judge. They will do whatever they can to prevent you from getting your hands on anything that might cause them to lose. They will file objections they know are not supported by the rules, hoping the judge doesn't understand the rules (Many judges do not!) and hoping you will simply give up! It isn't right, but you should expect it and be prepared for battle!
Fortunately, the rules give you power to get past the objections, if you follow the steps carefully.
MOTION TO COMPEL PRODUCTION
First step: File a Motion to Compel Production and set it for hearing.
Your motion must describe the items you seek with specificity. Do not say, "Produce all records of your cash transactions." That will not fly! Your opponent will object. The court will rightfully sustain the objection, and you will have wasted precious time.
Say, "Produce all records of your cash transactions with plaintiff from 24 March 2025 through 5 April 2025." If that range of dates includes the period during which issues raised in the pleadings took place, the court should grant your motion and order your opponent to produce those records.
Your motion must make the judge understand that the documents and things you seek are "reasonably calculated to lead to the discovery of admissible evidence", which (as explained above) is the meat and potatoes of the discovery rules. Your motion may need to explain how they are calculated to lead to the discovery of admissible evidence, how what they seek will ultimately let you get at facts that will be admissible, even though the facts you seek with your requests for admissions are not admissible in and of themselves.
Never assume that judges understand the discovery process. Many do not!
____________/
PLAINTIFF Peter Plaintiff moves this Honorable Court for an Order compelling Defendant Danny Defendant to produce for inspection and copying the originals of the following documents and things at the offices of Plaintiff or such other place as the parties may hereafter agree, stating in support:
1. On or about 13 December 2012 plaintiff served defendant with a Request for Production..
2. In paragraph 1, plaintiff requested "All corporate records of Grapefruit Delivery Corporation".
3. In paragraph 2, plaintiff requested "All records of money or other consideration received by you for sale or delivery of grapefruit from 17 May 2012 to the present, including but not limited to invoices and bank statements."
4. Defendant failed and refused to respond with any of the requested production within the time limit set by the Rules of Civil Procedure that control this Honorable Court.
5. Each of the items requested are reasonably calculated to lead to the discovery of admissible evidence in accordance with the general rule governing discovery in this court.
6. Justice and the rules controlling this Honorable Court require that the requested items be produced forthwith.
WHEREFORE plaintiff moves this Honorable Court to enter an ORDER compelling defendant to produce in accordance with the rules.
RESPECTFULLY SUBMITTED this ___ day of ____________ 2016.
[ Certificate of Service ]
Now.
What if the court grants this motion and orders your opponent to produce?
If he ignores the order, you must first make certain he is aware of the order. If he was present at the hearing, then he is aware of the order. If he did not show up for the hearing, you need to get a certified copy of the order and have it SERVED on him before the next step, so he cannot complain he did not know about the order.
Failure to comply with a court order constitutes contempt of court.
It is a jailable offense.
But, before we attempt to have him held in contempt, we move the court to order him to "show cause why he should not be held in contempt".
We do this with a Motion to Show Cause, giving him one (1) more chance to obey the order.
Do not skip this step (unless there is some bona fide reason, such as a reasonable likelihood he will destroy the documents and things you seek).
Try to work things out before filing this motion and setting it for hearing. Phone your opponent (or his attorney) so you can include a certificate of good faith with your motion. Then, if your opponent fails and refuses to produce as now ordered by the judge, file this motion and set it for hearing.
You must handle this motion and its notice of hearing differently. Have them served on your opponent. Pay an authorized process server (Sheriff, U.S. Marshal, private process server, but not you!) to hand deliver them to him in accordance with the local rules. Then wait until an affidavit of service has been filed by the server as proof that your opponent was duly served with the motion and notice, and attach the affidavit of service to your motion to show cause.
He now has no excuse for not showing for the hearing!
Be prepared at the hearing to demand production the court has already ordered!
If he shows up, the judge will typically give him a few more hours or perhaps a day or two to produce pursuant to the original order, but now he has been ordered TWICE!
If your opponent does not show up, call the court’s attention to the affidavit of service and that your opponent is in contempt of court! The judge should issue a bench warrant to have your opponent picked up by law enforcement and either jailed or brought to the courthouse to answer why he should not be held in contempt.
This is power you didn't know you had!
This is what this course was talking about earlier when you were encouraged to learn how to enforce your God-given rights.
This is serious stuff!
____________/
PLAINTIFF Peter Plaintiff moves this Honorable Court for an Order requiring Defendant Danny Defendant to show cause why he should not be held in contempt for failing and refusing to abide by this Court's order to produce, stating in support:
1. On or about 13 December 2012 plaintiff served defendant with a Request for Production.
2. Defendant failed and refused to comply with plaintiff's request.
3. Plaintiff subsequently file a Motion to Compel Production that was heard on 19 January 2013.
4. At the 19 January 2013 hearing this Court entered an Order compelling defendant to produce the requested documents within 10 days of entry of that Order..
5. As of the date of this motion, defendant has failed and refused to comply with this Court's Order.
6. Justice and the rules controlling this Honorable Court require that the requested items be produced forthwith.
WHEREFORE plaintiff moves this Honorable Court to enter an ORDER requiring defendant to show cause why he should not be held in contempt for failure to produce as ordered.
RESPECTFULLY SUBMITTED this ___ day of ____________ 2014.
[ Certificate of Service ]
In unusual cases after being twice ordered to produce, your opponent may stupidly fail and refuse to obey the court’s order.
So, here’s what you do.
File the following motion, set it for hearing, and once again again have your opponent personally served with this motion for contempt and a notice of hearing.
Yes, it does take a long time to go through these steps step-by-step.
But having your opponent arrested and carried to the jail where he can wait until he is ready to obey the court's orders is serious business.
When done properly, as explained in this lesson, your opponent will learn to obey the court.
He will learn to take you seriously when you file motions!
____________/
PLAINTIFF Peter Plaintiff moves this Honorable Court for an Order finding Defendant Danny Defendant in contempt of this Court for failing and refusing to abide by two (2) of this Court's orders to produce, stating in support:
1. On or about 13 December 2012 plaintiff served defendant with a Request for Production.
2. Defendant failed and refused to comply with plaintiff's request.
3. Plaintiff subsequently file a Motion to Compel Production that was heard on 19 January 2013.
4. At the 19 January 2013 hearing this Court entered an Order compelling defendant to produce the requested documents within 10 days of entry of that Order.
5. Defendant failed and refused to obey this Court's 19 January 2013 Order.
6. On 31 January 2013 plaintiff filed his Motion to Show Cause and had defendant personally served with same and a Notice of Hearing set for 15 Februrary 2013..
7. At the 15 February hearing defendant failed and refused to appear.
8. Defendant is now in violation of two (2) of this Court's orders to produce.
9. Justice and the rules controlling this Honorable Court require that the defendant be found in contempt of this Honorable Court and incarcerated until such time as he complies with this Court's lawful orders.
WHEREFORE plaintiff moves this Honorable Court to enter an Order finding defendant in contempt of this Court and directing a law enforcement officer to take him into custody until such time as he complies with the prior two (2) orders of this Honorable Court.
RESPECTFULLY SUBMITTED this ___ day of ____________ 2014.
[ Certificate of Service ]
If your opponent is stupid enough to fail to show for this hearing, the Court will not hesitate to sign a bench warrant directing law enforcement to take him into custody and hold him until he is ready to do what the law requires ... what you want him to do.
If he shows up, the judge may give him a few hours to bring the requested documents and/or things directly to the judge or, in some cases, order him to bring the requested documents to you but allow you to file an affidavit of non-compliance if he still refused, and your filing that affidavit of non-compliance will result in issuance of a bench warrant.
This is your power!
Use it vigorously!
The solution here is a Motion for Better Answers to Interrogatories and Notice of Hearing.
Suppose you serve your opponent with a set of interrogatories that includes, “How much money did you report to the IRS as earned income in 2015?”
The response will likely be, “Objection, vague, ambiguous, seeks to inquire into the attorney-client privilege, violates the work product rule, overly broad, and unduly burdensome.”
Your opponent doesn’t want to answer.
However!
If that question is "reasonably calculated to lead to the discovery of admissible evidence", he must answer. The law requires it. You must compel it as you do for admissions and production.
You do not take "no" for an answer, unless you don't care about winning.
Follow these steps, and you will get the answers that Justice and the rules of court demand:
The following motion starts the process. Set it for hearing.
____________/
PLAINTIFF Peter Plaintiff moves this Honorable Court to Order defendant Danny Defendant to provide better answers to plaintiff's interrogatories, stating in support:
1. On 12 January 2015, plainfff served defendant with his First Set of Interrogatories asking with paragraph 7, "How much money did you report to the IRS as earned income in 2015?"
2. Also served was paragraph 9, "Identify all persons having any knowledge of your using insecticide to spray plaintiff's strawberry plants."
2. Both interrogatories are reasonably calculated to lead to discovery of admissible evidence, since a material issue in this case is how much money defendant was paid by plaintiff to spray plaintiff's strawberry plants with insecticide and whether defendant did in fact spray any of plaintiff's strawberries.
3. Defendant's contumelious responses to both interrogatories were, "Objection, vague, ambiguous, seeks to inquire into the attorney-client privilege, violates the work product rule, overly broad, and unduly burdensome."
4. Defendant's responses are not in good faith, violate the rules of this Honorable Court, and the defendant should be ordered to provide better answers to the said interrogatories forthwith.
WHEREFORE Peter Plaintiff moves this Honorable Court to enter an Order directing defendant to respond with a better answers to paragraphs 7 and 9 of plaintiff's First Set of Interrogatories.
I CERTIFY that a copy of the foregoing was provided by regular U.S. Mail to the law offices of Dewey, Cheatham & Howe at 38 Liar Lane, Hogwash, Florida 33333 this 19 February 2015.
If all goes well, the judge will order better answers.
If your opponent refuses to provide better answers after being ordered to do so, we follow the same procedure as with compelling production of documents and things.
Try to work things out ahead of time by phoning your opponent (or his attorney) so you can include a certificate of good faith. But, if your opponent refuses to provide better answers as now ordered by the judge, file this motion, set it for hearing, serve your opponent with the motion and notice, and after service is effected get a copy of the affidavit of service.
The process is just as outlined for compelling production.
____________/
PLAINTIFF Peter Plaintiff moves this Honorable Court for an Order requiring Defendant Danny Defendant to show cause why he should not be held in contempt for failing and refusing to abide by this Court's order to give a better answers to plaintiff's interrogatories, stating in support:
1. On or about 13 December 2012 plaintiff served defendant with his First Set of Interrogatories.
2. Defendant failed and refused to answer paragraph 7 of plaintiff's interrogatories.
3. Plaintiff subsequently file a Motion to Compel Better Answers that was heard on 19 January 2013.
4. At the 19 January 2013 hearing this Court entered an Order compelling defendant to provide a better answer to paragraph 7 of plaintiff's interrogatories within 10 days of entry of that Order..
5. As of the date of this motion, defendant has failed and refused to comply with this Court's Order.
6. Justice and the rules controlling this Honorable Court require that the better answer be produced forthwith.
WHEREFORE plaintiff moves this Honorable Court to enter an Order requiring defendant to show cause why he should not be held in contempt for failure to provide a better answer as ordered.
RESPECTFULLY SUBMITTED this ___ day of ____________ 2013.
[ Certificate of Service ]
If your opponent is stupid enough to disobey the order resulting from your motion to show cause, follow the same procedure as for compelling production.
____________/
PLAINTIFF Peter Plaintiff moves this Honorable Court for an Order finding Defendant Danny Defendant in contempt of this Court for failing and refusing to abide by two (2) of this Court's orders to provide a better answer to one of plaintiff's interrogatories, stating in support:
1. On or about 13 December 2012 plaintiff served defendant with plaintiff's First Set of Interrogatories.
2. Defendant failed and refused to answer one of plaintiff's interrogatories..
3. Plaintiff subsequently file a Motion to Compel Better Answers that was heard on 19 January 2013.
4. At the 19 January 2013 hearing this Court entered an Order compelling defendant to provide a better answer to plaintiff's interrogatory within 10 days of entry of that Order.
5. Defendant failed and refused to obey this Court's 19 January 2013 Order.
6. On 31 January 2013 plaintiff filed his Motion to Show Cause and had defendant personally served with same and a Notice of Hearing set for 15 Februrary 2013..
7. At the 15 February hearing defendant failed and refused to appear.
8. Defendant is now in violation of two (2) of this Court's orders to produce.
9. Justice and the rules controlling this Honorable Court require that the defendant be found in contempt of this Honorable Court and incarcerated until such time as he complies with this Court's lawful orders.
WHEREFORE plaintiff moves this Honorable Court to enter an Order finding defendant in contempt of this Court and directing a law enforcement officer to take him into custody until such time as he complies with the prior two (2) orders of the Court.
RESPECTFULLY SUBMITTED this ___ day of ____________ 2014.
[ Certificate of Service ]
Many people these days do not respect our courts and the legal system too many young people gave their lives on foreign soil to preserve and protect for us.
The procedures set forth in this course will tend to promote greater respect.
Putting people in jail IS your power to enforce your God-given rights!
This is power few lawyers are willing to use (or don’t know how to use).
Use it!
Depositions are handled differently.
Problems arise when:
There’s a court reporter at every deposition taking down every word that's said.
Do not allow arguments. Make certain only one person speaks at a time. Speak slowly. Instruct deponents to speak slowly. The purpose for depositions is to make a written record of what deponents say under oath. Don't permit chaos to muddle that record.
Depositions were covered in the Discovering Evidence lesson.
Just a few points are needed here.
If you don't ask your questions carefully, your opponent may be justified in not answering. You may ask a question that is NOT "reasonably calculated to lead to the discovery of admissible evidence", for example, in which case your opponent may refuse to answer.
Or you may ask a question that is really multiple questions or in such a confused or convoluted way that any answer could be misconstrued. Be wiling to re-phrase such questions. Be fair!
Ask simple questions aimed at finding facts reasonably calculated to lead to evidence tending to prove or disprove facts raised by the pleadings, then deponents are required to answer!
If a deponent fails or refuses to answer, the same step-by-step process explained for compelling production and better answers to interrogatories will result in getting you the answers you need.
Subpoenas are court orders.
They compel non-parties to appear as witnesses for trial, hearing, or deposition.
They can compel those witnesses to bring with them certain documents and/or things.
Failure to obey a subpoena is contempt of court per se!
The process to follow is the same as for production, better answers, and depositions.
Once a judge )or court clerk acting under judicial authorization) orders a thing to be done, failure to do that thing is in contempt of court punishable by severe fines and possibly extended jail terms.
File your motions, set them for hearing, have them served on the offending persons.
Enforce your God-given rights!
Make this planet a little bit safer for everyone!
This lesson on compelling evidence is perhaps the most important.
It is the POWER that requires others to OBEY.
Behind every judge are law enforcement officers wtih handcuffs, firearms, and steel rooms with doors that lock securely to house people who think this is all a game.
It is not a game! It is the foundation where Justice secures your Liberty, where God-given rights are enforced, where the ambitions of constitutional republics are realized.
Without the power to compel the production of evidence, court proceedings would be a joke.
You would have no rights, because rights you cannot enforce are merely promises.
Compelling evidence requires work. It takes time. It demands that you pay attention to your words and take each step in the procedure carefully.
But, it gets results!
It protects you from rich people and their lawyers who otherwise would wear you down with their resistance to comply with those blood-bought rules that secure for you the benefits of living in a civilized society where every one of you has equal rights!
Use what this lesson teaches without hesitation or apology.
Brave men and women died for your right to do what this lesson teaches you.
Never give up.
Never give in.
Never take "no" for an answer!
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