How do you win a motion to compel?
Asked by: Makenna D'Amore | Last update: August 28, 2025Score: 4.5/5 (51 votes)
- Act in good Faith.
- Thorough Knowledge of the Case.
- Limit citing voluminous authorities.
- Avoid Personal Attacks.
What are the grounds for motion to compel?
Grounds For Motion – A party may move to compel responses or additional responses if the responses to interrogatories are (1) incomplete, (2) evasive, or (3) an objection is made that is either too general or without merit. [CCP 2030.300(a)].
Is motion to compel good or bad?
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.
Why would a judge deny a motion to compel?
Your attorney must either accept this decision or appeal it and continue pursuing the material through other legal channels. 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.
How long does a motion to compel take?
It depends if there was a hearing or not on your motion to compel. If there was not a hearing, you can expect an order on the motion generally within 30 days, depending on how busy the judge's desk is.
How to Win Motions to Compel.
How to win a motion to compel?
- Act in good Faith.
- Thorough Knowledge of the Case.
- Limit citing voluminous authorities.
- Avoid Personal Attacks.
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.
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.
Can you oppose a motion to compel?
Oppositions to motions to compel must be filed no later than 9 days before the hearing. Replies must be filed no later than 5 days before the hearing. Service of oppositions and replies require receipt by the opposing party within 1 business day of the filing deadline. (Code Civ.
Can a judge refuse to hear a motion?
The judge, as the central figure, listens to the arguments, asks questions, and ultimately decides whether to grant or deny the motion.
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.
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 for discovery?
This letter is often called a good faith letter. And it is needed under many courts' rules before you can file a motion to compel discovery if the other party ignores your requests or provides evasive responses or move for sanctions if your opponent refuses to comply with the court's discovery order.
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.
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.
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.
How do you defend a motion to compel?
The answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party's objections, or argument showing why the party's answers to the discovery requests at issue were sufficient.
How to counter a motion?
If one party to a case has filed a motion with the court, the other side can file an “opposition.” An “opposition” is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
How do you draft 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 ...
Why file a motion to compel?
If the opposing side does not respond to your form interrogatories, special interrogatories, or request for production, you may file a motion seeking an order compelling the opposing party to respond.
What is compelled evidence?
Compelled testimony refers to the legal process by which an individual is forced to provide evidence or statements in a legal setting, often against their will.
What is burdensome discovery?
A discovery request can be unduly burdensome or oppressive if complying with the request would require too much time, energy, and expense for the responding party. This objection is most often used with document requests but can apply to other areas of discovery.
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 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 if someone refuses to speak in court?
Refusing to testify as a witness after being served with a subpoena in a criminal case can lead to serious consequences. The court may hold the individual in contempt of court, which can result in both imprisonment and a court-imposed fine.