![]() ![]() The second one makes the Judge’s job easier. Turning to the first issue, production of financial records, these documents are relevant for the following reasons… Plaintiff contends that communications with customers are critical to defendant’s claims for damages in its counterclaim defendant generally asserts that such communications are not relevant This issue affects document request numbers 15-19 and 21 (attached as Ex. Second, defendant has objected to producing any documents concerning communications with customers. While there are perhaps some potential individual issues among these requests concerning time and scope, the threshold issue remains: is plaintiff entitled to see defendant’s financial records. These requests all involve various financial and tax records of defendant. First, is plaintiff entitled to see defendant’s financial records? This issue affects document request numbers 2, 5, 6, 9, 10, 11, & 12 (attached as Ex. However, rather than simply listing and reciting all the requests at issue, the movant lumped and categorized the requests in dispute by inserting this paragraph: It began essentially the same as the first it identified the parties and gave a brief statement of facts of the case. The second motion to compel this week was a pleasure to read because the movant made my job easy. Even the most diligent judge will begin to glaze over after a few pages and instruct the lawyers to go work it out. The judge is confronted with page after page of document requests and objections and argument with no effort to organize and group them. That’s because this format overwhelms the reader/judge. While this type of motion is technically correct, it’s not persuasive nor will it catch the judge’s attention. Many of the objections and arguments are identical and thus writing the motion involves considerable copying and pasting. After each request and objection, the movant then includes a paragraph why the requested information is relevant and why the documents should be produced. The movant dutifully lists each request and then quotes the objection made by the respondent. ![]() There are a total of 24 document requests at issue. In this motion, the movant gives a background of the dispute and then lists the specific Document categories sought. You don’t want to make it a chore to read. Honorable Randy Wilson, a District Judge out of Texas wrote an article in the Advocate juxtaposing two Motions to Compel. When writing a motion to compel for a judge, you want to make it persuasive.
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