How do you defend a motion to compel?
Asked by: Kayley Bergnaum | Last update: September 20, 2025Score: 4.2/5 (49 votes)
You need to give the court a reason to deny the other side's motion to compel. There are many different reasons you could give. Take out your Response to the discovery request. You should have identified reasons in your Response for why you weren't turning over certain information.
How do you oppose a motion to compel?
If the other attorney or party opposes your motion, you may choose to serve and file a reply to the opposition at least five court days prior to the motion. CCP § 1005. It must be served by overnight mail to reach the opposing party no more than one day after it is filed.
Why would a motion to compel be denied?
The declaration may also include information obtained from other parties or non-parties that would support the relevance of the discovery you seek to compel. The declaration must be filed with the notice. Failure to include the declaration will serve as a basis to deny a motion to compel further responses.
What is the burden of proof motion to compel?
Generally, the proponent of a motion to compel discovery bears the initial burden of proving that the information sought is relevant.
What happens if someone ignores a motion to compel?
If a party or party's officer, director, or managing agent fails to obey a discovery order, the court may issue further orders. A court must also order a disobedient party, the advising attorney, or both to pay expenses resulting from the failure to reply.
The truth about Motions to Compel
Is a motion to compel serious?
Motions to compel are often necessary to set the tone in your case and acquire the documents and information you need to win your case. Grounds: When a party who has propounded discovery believes the responses are inadequate, the propounding party may move for a motion to compel a further response.
What is the golden rule letter?
However, in general, the Golden Rule letter is a letter sent by one party to the other, proposing settlement terms based on what the sending party would accept if they were in the receiving party's position.
What happens after a motion to compel is filed?
A motion to compel discovery is a request to the judge to order the prosecution to hand over evidence. If the court grants the motion, the judge will order that the appropriate materials be released on a plan of sanctions such as fines, suppression of evidence, and even a dismissal of the charges.
What consequences can result from a refusal to cooperate with an order compelling discovery?
(b) Failure to Comply with a Court Order. (1) Sanctions Sought in the District Where the Deposition Is Taken. If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court.
What is a good faith letter before motion to compel?
a certification that the moving party has conferred (or attempted to confer) in good faith with the person or party failing to make a proper response to discovery.
How do you win a motion to compel?
- Act in good Faith.
- Thorough Knowledge of the Case.
- Limit citing voluminous authorities.
- Avoid Personal Attacks.
Is a motion to compel a subpoena?
A motion to compel is the method by which a subpoenaing party may compel production, if the reporter refuses to comply with the demands of the subpoena.
Does a motion to compel require a separate statement?
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.
How do you argue a motion?
- Understand Judicial Attention Spans:
- Be Certain Your Brief and Arguments Tell the Story. ...
- Employ Innocence by Association. ...
- Avoid “Red Flag” Clues for the Judicial Reader. ...
- Avoid Ad Hominem Attacks and Language. ...
- Argue to Win. ...
- Never Squander Credibility.
What is a motion to compel for dummies?
A motion to compel is a legal request made by one party to enforce the production of relevant information or evidence during the discovery process of a case. If one party fails or refuses to respond to discovery requests, the opposing party may file a motion to compel to seek court intervention and ensure compliance.
How do you disagree with a motion?
A motion requests the Court to take action under a specific Federal Rule. To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment.
What happens if you don't respond to a motion to compel?
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
What is the rule 37 motion to compel?
Rule 37-Failure to Make 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 five unethical practices are involved in the discovery process?
- It's unethical to stop a party from obtaining evidence.
- To destroy evidence.
- Falsify evidence.
- Make an unwarranted discovery request.
- To request more information than is necessary for the case.
What is a motion to compel settlement?
One of the most common practices to enforce a settlement agreement is to file a motion to enforce settlement agreement in court. This motion calls on the court to enforce the agreed upon terms, and the judge has the final say. His or her role is to analyze evidence presented and listen to oral testimony by both sides.
How important is a motion of discovery?
Discovery allows your defense to aggressively challenge evidence and increases the chances that exculpatory evidence will be taken into consideration. In other words, criminal discovery laws in California help ensure a fairer legal system and is absolutely a critical step in your case.
How long does it take to get a motion of discovery?
How Long Does it Take to Get Discovery in a Criminal Case? Generally, the prosecution must provide discovery within a set period after the defense's formal request, often ranging from a few weeks to several months.
What is the silver rule?
The Silver Rule is basically the “Negative” Golden Rule. Taleb writes it as follows: “Do not treat others the way you would not like them to treat you.” Stated another way: if you don't want “X” done to you, don't do “X” to someone else.
What is reptile theory?
Reptile theory encourages the jury to focus on the acts of the defendant rather than the specific facts surrounding the individual plaintiff's injury. Combat that strategy by assessing your case promptly and developing your defense theory at the outset.
What are the consequences of motion to compel?
If a motion to compel discovery is granted, the prosecution is legally obligated to provide the requested evidence. Failure to comply can lead to various consequences, including sanctions, case dismissal, or a reversal of a conviction on appeal due to the violation of discovery rights.