A Motion to Compel asks the Judge to issue an order requiring the other party to provide discovery material that has been requested or to cooperate with a deposition.
This might be filed if you fail to respond to the other side's discovery request within 30 days of receipt, or it might be filed if you objected to a request and the other side believes your objection was improper.
A Motion for Summary Judgment asks the court to decide the case without a trial because the facts are not in dispute.
The mortgage company needs to show that there is no genuine issue of fact that is in dispute, and that the undisputed facts support ruling in their favor.
In general, filing a motion is a somewhat complex process that will require a more advanced understanding of the law, court rules, and procedure. For that reason, we will not be covering how to file your own motion in this classroom. If you feel that you need to file a motion in your case, you should seek the assistance and advice of a licensed attorney.
Depositions require a witness, who may or may not be a party to the case, to answer questions under oath and give testimony before the actual trial occurs.
Typically, the deposition will be at one of the attorneys' offices, and a court reporter will be present. If you receive notice that you need to attend a deposition, you will need to show up and testify.
Subpoenas are a way to get information or documents from people who are not parties to the case.
Subpoenas can require a non-party to produce documents, attend a deposition, or testify at trial. The Subpoena can be issued by an attorney or the court.
You should review Rule 45 of the South Carolina Rules of Civil Procedure for more information about Subpoenas.
A Request for Admission is a written request asking another party to admit or deny the truth of specific statements related to the case.
You will need to admit or deny each of the statements, unless you have a legal reason not to do so. If you have such a reason, you will need to object in writing and explain why you do not believe you should not have to (or cannot) admit or deny that statement.
Interrogatories are a set of written questions to another party to the case.
They are most often used to get information about the other side's position on the case, and what to expect from their witnesses. They can also be used to request answers to specific questions related to the case.
A Request for Production is a written request for documents in the possession or control of another party to the case. (If you want documents from someone who is not a party to the case, you would need to send a Subpoena instead.) It also applies to electronically stored information or other tangible items.
The discovery process can be daunting and complicated. There are a lot of deadlines required and it can be complex. It is strongly encouraged you seek the assistance of a licensed attorney.
The discovery period is a time where the parties are exchanging information about the witnesses and evidence they will present at trial.
The Plaintiff will often file a motion to refer your case to the master-in-equity or a special referee.
These are special judges that handle most of the mortgage foreclosure cases in South Carolina. They tend to be more familiar than other judges with the law related to mortgages and foreclosures, and (in most cases), scheduling hearings is more convenient in their courts.
