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🪜civil procedure review

Motion to compel

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

A motion to compel is a legal request made to the court, asking it to order a party to comply with discovery requests, such as producing documents or answering interrogatories. This motion is typically used when one party believes the other is not providing the necessary information or documents needed for a case, and it aims to ensure that discovery is fair and complete. The court's decision on such a motion helps define the scope of discovery and reinforces the importance of cooperation between parties during litigation.

5 Must Know Facts For Your Next Test

  1. A motion to compel can be filed if a party fails to respond adequately to discovery requests within a specified time frame.
  2. The court may grant the motion, requiring the non-compliant party to produce documents or provide answers as requested.
  3. If a party continues to refuse compliance after a motion to compel is granted, it may face sanctions from the court, which could include monetary penalties or even dismissal of claims.
  4. The process of filing a motion to compel typically requires the moving party to demonstrate that they made reasonable efforts to obtain the requested information before resorting to court intervention.
  5. The court considers factors such as relevance, proportionality, and the burden of production when deciding whether to grant a motion to compel.

Review Questions

  • What are the necessary steps a party should take before filing a motion to compel?
    • Before filing a motion to compel, a party must first attempt to resolve the issue informally by communicating with the other party about the lack of compliance. This often involves sending follow-up requests for information or documents. If these efforts fail, the moving party must demonstrate to the court that they made reasonable attempts to obtain compliance and outline how the requested information is relevant and necessary for their case.
  • Discuss how a motion to compel can impact the discovery process in litigation.
    • A motion to compel plays a critical role in ensuring that the discovery process runs smoothly and fairly. When granted, it compels compliance from the non-compliant party, which can expedite the flow of information necessary for both sides. This can also encourage better cooperation between parties as they realize that failure to comply could result in judicial intervention and potential sanctions.
  • Evaluate the consequences of failing to comply with a court order resulting from a motion to compel.
    • Failing to comply with a court order issued after a motion to compel can have serious repercussions for the non-compliant party. The court may impose sanctions such as fines, attorney's fees, or even dismissing claims or defenses altogether. This creates a strong incentive for parties to adhere strictly to discovery obligations, as non-compliance can lead not only to immediate penalties but also undermine their position in ongoing litigation.