Do you need a separate statement for motion to compel?
Asked by: Candido Russel | Last update: May 20, 2026Score: 4.5/5 (30 votes)
Yes, in many jurisdictions, particularly California (Cal. Rules of Court, Rule 3.1345), a separate statement is required for motions to compel further discovery responses, detailing the specific discovery request, the response given, and the legal reasons why the response is insufficient. This statement must be included with your notice of motion, points and authorities, and a meet-and-confer declaration, though it's generally not needed if there was no response at all, only insufficient ones.
How to do a motion to compel?
Draft the motion clearly stating the discovery requests and the opposing party's failure to respond. File the motion with the court according to local rules, attaching relevant correspondence. Serve the motion on all parties and attend the hearing if scheduled.
What are the elements of a motion to compel?
Specifically, the separate statement must include: 1) the full text of each request (hereafter, “request” shall also include interrogatories); 2) the full response provided, including any objections or supplemental responses; 3) all facts and legal reasons for compelling the response; 4) any definitions or instructions ...
What happens after you file a motion to compel?
After the party files the motion to compel, the court begins reviewing the request and evaluating any objections raised by the other side. This is a critical part of the legal process, especially during the discovery phase, where access to complete information can shape the outcome of a case.
What is the burden of proof for a motion to compel?
Generally, the proponent of a motion to compel discovery bears the initial burden of proving that the information sought is relevant.
The truth about Motions to Compel
Does a motion to compel require a separate statement?
Drafting the motion
All discovery motions should include a notice of motion and motion. In addition, motions to compel further responses must include a separate statement and meet and confer declaration. (See Cal. Rules of Court, rule 3.1345 (a)(1)-(3), (b).)
Is a motion to compel difficult?
Filing and having your motion to compel ruled on has become more difficult, particularly within the Los Angeles Superior-Personal Injury Court (“PI Court”). Hearing dates can be set far out in the future and in-person discovery conferences with the judge are generally required before the motion-to-compel hearing.
Why would a motion to compel be denied?
A judge might deny a motion to compel for several reasons, including: The requested information was not essential to the case. The opposing party already produced the requested material. The motion did not specifically name what materials were being sought.
Who pays for motion to compel?
A majority of states follow Federal Rule of Civil Procedure 37(a)(5). Under that rule, a court that grants a motion to compel discovery must order the party whose conduct necessitated the motion (or the party's attorney, or both) to pay the movant reasonable expenses.
How long does a motion to compel take?
The timeline depends on whether there was a hearing regarding your motion to compel. If there was no hearing, you can generally expect an order on the motion within 30 days, depending on the judge's workload. If there was a hearing, the order typically arrives more quickly, usually within 7-10 days.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism.
What is a good faith letter before motion to compel?
(b) Good Faith Efforts to Confer
Before a party files a motion to compel a response to discovery, the party must make a good faith effort to confer with the person or party allegedly failing to properly respond to a request for discovery in an effort to secure information or material without action by the ALJ.
What are the consequences of a motion to compel?
If a party fails to comply with the court's order resulting from a motion to compel, they may face sanctions, which can include fines or the payment of attorney fees.
What evidence supports a motion to compel?
Include Proof of Service: All Motions to Compel Response must have at least two exhibits attached: 1. a copy of the signed Proof of Service demonstrating the date and method the discovery request was served on the responding party and 2. A copy of your meet & confer correspondence.
What is an example of a motion to compel?
Motion To Compel to copy/paste
I, [Insert name of party/attorney], the [petitioner/defendant] hereby move for an order compelling the [petitioner/defendant] to produce the following outstanding discovery regarding the case stated above.
What is the rule 37 motion to compel?
Rule 37— Failure to Make Disclosure or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
What money can't be touched in a divorce?
Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
Is $400 an hour a lot for a lawyer?
Yes, $400 an hour is a significant amount for a lawyer, but whether it's "a lot" depends on factors like the lawyer's experience, location (urban areas charge more), and specialty (corporate law often costs more). While $100-$300 is a common range, $400 can be standard for experienced attorneys in complex fields or major cities, and even less experienced lawyers in big firms might bill similarly, with partners charging much more.
How to prepare a motion to compel?
Elements to keep in mind while filing the Motion to Compel is to mention the nature of the case, identify the question that needs to be answered or the object or document that is needed and explain how it relates to the case, attach the other party's written refusal to make available the information or object, make it ...
Who can file a motion to compel?
The party who files a Motion to Compel is called the “moving party” and he or she may file a Motion to Compel when another party or non-party has provided an inadequate response to a discovery request pursuant to the Federal Rules of Civil Procedure.
What happens if someone doesn't respond to a motion to compel?
If a motion to compel is ignored (meaning a party disobeys a court order to provide discovery), the court can impose serious sanctions, including monetary fines, paying the other side's attorney fees, preventing the non-compliant party from using certain evidence, striking their pleadings, or even entering a default judgment against them, effectively losing the case. Ignoring a court-ordered motion to compel is seen as willful, leading to increasingly harsh penalties like contempt of court charges or striking defenses/claims, ensuring compliance or penalizing non-compliance.
What is considered failure to comply?
Failure to comply refers to the act of not following an official order or legal directive. This can occur in various contexts, including civil and criminal law.
Can a judge compel you to speak?
Generally, a court can force you to testify after sending you a subpoena that informs you what testimony they need. There are only a few reasons the court might excuse you from testifying: Self-incriminating evidence. The testimony includes self-incriminating evidence.
What consequences can result from a refusal to cooperate with an order compelling discovery?
If a party refuses to participate in discovery, the opposing party can file a motion to compel. This motion requests the court to order the non-compliant party to provide the requested information. If the court grants the motion and the party still does not comply, it can impose further penalties.