Motion to Compel

When making a motion to compel, the moving party is asking the judge to use the power of the court to essentially force another party to do something that he or she has so far refused to do. As noted above, motions to compel can be used during the discovery process to ensure that both parties have full access to the facts of the case. For example, if the plaintiff refuses to answer questions in a deposition, the defendant may file a motion to compel the plaintiff to answer those questions. If that motion is granted and the plaintiff still refuses to answer the questions then he or she may face contempt of court charges. Of course, motions to compel can also be used when the trial gets underway, such as if a witness refuses to answer a question while testifying, and they are not limited solely to the discovery process.

After issuing orders for discovery, when there is no response, you issue a motion to compel. The first step is to send out a good faith letter. State that you sent the request for discovery, this letter is being sent in good faith, please answer or there will be litigation.

A motion to compel (which costs money) is a waste of time. What happens 90% of the time is you make a motion to compel stating they need to turn over the discovery, or else I’d like you to strike their answer, or strike their complaint. The day before the motion the other side sends everything you asked for, then you show up on the day you are supposed to do the motion but must drop it because they have sent in discovery. You wasted months.

Another thing that happens is they say they shouldn’t have to give discovery, or they did give it. Then you must go line by line with a judge who then offers a resolution.