How to file a motion to compel discovery

Other situations may warrant a motion to compel, including incomplete responses, skipped questions, or an outright refusal to answer.

Each party will propound discovery relevant to the case from the opposing side. There are different categories of discovery, which include:. On Motion day, both sides present their case before the court:. The judge will either deny the motion to compel, order the opposition to provide the discovery by a deadline, or will grant in part and deny in part the motion, and will only require some of the discovery to be provided.

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Sahara Ave. Understanding Motions to Compel. What is a motion to compel? Here is a general sequence of events leading up to the filing of a motion to compel : The lawsuit officially begins when the Plaintiff initiates a civil action against the Defendant. Instead, you will have the person who made service fill out a Proof of Service form, which you can get from the court clerk.

Draft a proposed order. In many federal courts, the judge will want you to submit a proposed order along with your motion. Read your local rules to check. Include the caption information at the top of the page.

Go to source. Create exhibits. You might need to attach exhibits. Attach anything you refer to in the body of your motion. You also will probably include a copy of your meet and confer letter. Part 2. Determine your hearing date. As the party filing the motion, you will need to set a date for the judge to hold a hearing on your motion.

Your state or court will require that you schedule the hearing a certain number of days after the date you filed the motion. Read the rules of civil procedure and the local rules. For example, in California, you must file the motion 16 days before the hearing date. You do not count weekends or holidays. Accordingly, if you want the hearing to be held on June 18, then you must file the motion by May 24th.

In some courts, you will have to fill out a Notice of Hearing form. In other courts, the clerk will be responsible for notifying all parties of the hearing date. Ask the court clerk about the method used in your court. Send a copy of the motion to the other side. Any time you file a motion, you must give the other side notice.

Generally, notice can be hand-delivered by anyone 18 or older not a party to the case, or it can be mailed. If you have someone hand-deliver the notice, then you can usually deliver notice on the same day that you file.

In California, for example, you can hand-deliver notice on the same day you file the motion. However, if you decide to mail the notice, then you must add five additional days.

Accordingly, you might have to serve notice before the deadline for filing with the court. File your motion to compel. In some courts, such as federal court, you may file all documents electronically.

Notice will be sent to the other side electronically. However, you might file motions in person by submitting the paper original. Generally, you will file the motion in the same manner that you filed your complaint or answer.

Depending on the court, you may have to pay a filing fee. The amount will differ by court. Part 3. Meet with a lawyer if you have questions. You might be unsure whether or not you should file the motion to compel. Or you might have questions about what should be in your motion. In these situations, you should meet with an attorney to get expert advice tailored to your circumstances.

You can find a lawyer by contacting your local or state bar association. Bar associations are professional organizations made up of attorneys. Many of them run referral services or can direct you to a private referral service. Once you have the name of a lawyer, you should call and ask to schedule a meeting. These tasks require application of C.

When calendaring deadlines, one must also be mindful of all of the California state court holidays there are three in addition to the Federal holidays. Requirements Common to Regular Motions. Notice: Once you have your hearing date, you must calculate the last day to serve your notice and moving papers. The motion must be filed and served at least 16 court days prior to the hearing.

How much earlier depends upon the service method mail or overnight mail, and, where authorized , electronic service or fax. The extensions, found in C. Moreover, one must know how to count the days: is it backward from the hearing date or forward from the notice date?

Recently enacted C. Format: The motion must comply with the format requirements contained in C. These include what has to be in the title and below the title, what has to be in the opening paragraph, what to include when monetary sanctions are sought, the required parts of a motion and what must be included in each, form of exhibits, proper binding, proper numbering of pages, etc.

The memorandum of points and authorities must comply with C. Monetary sanctions: If sanctions are sought, C.