Motion for Disclosure Law & Legal Definition


Motion for disclosure is a request asking a judge to issue an order requiring the other party to disclose something. For example, motion for disclosure of an informant or motion for disclosure of aggravating circumstances, motion for disclosure of all exculpatory portions of the grand jury transcripts, motion for disclosure of electronic surveillance information.

It could also relate to a motion to compel discovery. A motion to compel discovery is a motion brought by a party asking the court to compel another party, or third party, to provide certain disclosures or discovery.

For Example, the Illinois Discovery Provisions are contained in the Illinois Supreme Court Rules. Rule 219 of the Illinois Supreme Court:

Rule 219. Consequences of Refusal to Comply with Rules or Order Relating to Discovery or Pretrial Conferences

(a) Refusal to Answer or Comply with Request for Production. If a party or other deponent refuses to answer any question propounded upon oral examination, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on notice to all persons affected thereby, the proponent of the question may move the court for an order compelling an answer. If a party or other deponent refuses to answer any written question upon the taking of his or her deposition or if a party fails to answer any interrogatory served upon him or her, or to comply with a request for the production of documents or tangible things or inspection of real property, the proponent of the question or interrogatory or the party serving the request may on like notice move for an order compelling an answer or compliance with the request. /

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