Who can I get an injunction or make defendant answer questions in a lawsuit?
Full Question:
Answer:
I am assuming from your information there is a pending action against the EEOC. If a party to an action needs information from the other party, the discovery rules apply. You did indicated if the action was in federal or state court but the general principles are the same.
One party may seek information on a particular matter that is related to claims of the lawsuit. This is usually done through interrogatories which the other party must answer. If the party fails or refuses to answer, a Motion to Compel may be made to the court to require the answer be given or the documents produced.
A motion is a request asking a judge to issue a ruling or order on a legal matter. Usually, one side files a motion, along with notice of the motion to the attorney for the opposing party, the other side files a written response, and the court holds a hearing, at which the parties give brief oral arguments. Other motions are decided by the written submissions alone, without a hearing. However, during a trial or a hearing, an oral motion may be permitted. Then the court issues a ruling (order) which approves or denies the motion. Motions are often made before trials to resolve procedural and preliminary issues, and may be made after trials to enforce or modify judgments. Motions are made in court all the time for many purposes such as to continue a trial to a later date, to get a modification of an order, for temporary child support, for a judgment, for dismissal of the opposing party's case, for a rehearing, for sanctions, to compel discovery responses and many other reasons.
A motion to compel discovery responses is filed when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient. The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests. A motion to compel discover responses with exhibits may be filed by the party propounding the discovery if there is no response to the document requests, or if the discovery responses are not adequate and the filing party needs the documents marked as exhibits.
Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. For example, in a custody case, an injunction may be used to prevent a party from removing a child from the country. Injunctive relief is an equitable remedy granted when money damages are not able to compensate the plaintiff's violation of rights if an injuction is not granted. Failure to comply with a notice of an injunction is punishable by beingheld in contempt of court.
There are two types of injunctions: a preliminary injunction and a temporary restraining order (TRO). The purpose of both is to maintain the status quo -- to insure a plaintiff that the defendant will not either make him or herself judgment-proof, or insolvent in some way, or to stop him or her from acting in a harmful way until further judicial proceedings are available. The court uses its discretionary power to balance the defendant's due process rights against the possibility of the defendant becoming judgment-proof, and the immediacy of the threat of harm to the plaintiff. Courts can also issue preliminary injunctions to take effect immediately and effective until a decision is made on a permanent injunction, which can stay in effect indefinitely or until certain conditions are met. A mandatory injunction is one which orders a party to requires them to do something or perform an act. A restrictive injunction prevents a party from taking an action. In many jurisdictions, plaintiffs demanding an injunction are required to post a bond.
Due to the complexity of the matter, we would recommed that you seek further counsel from a local attorney.
