How serious is a motion to compel?
Asked by: Malinda Deckow | Last update: September 24, 2025Score: 4.8/5 (4 votes)
When that happens, a party can file a motion to compel, asking the Court to order the opposing party to produce the contested documents or information. If a motion to compel is granted and the Court orders the information produced, failing to comply with that order can lead to serious consequences.
Is a 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. (Code Civ.
What happens when a motion to compel is granted?
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.
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 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.
Discovery: What is a Motion 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.
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 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.
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.
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.
What are the elements of 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 ...
What happens after motion to compel arbitration?
If a party has a pending lawsuit with arbitrable and non-arbitrable clauses and a petition to compel arbitration has been granted, a plaintiff may dismiss his/her lawsuit without prejudice under Code of Civil Procedure section 581 and as long as the statute of limitations allows, file a second suit without the ...
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 does compel mean legally?
compel vt. com·pelled. com·pel·ling. : to cause to do or occur by overwhelming pressure and esp. by authority or law [cannot the defendant to testify] [the result…
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 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 happens if the defendant does not respond to interrogatories?
If you do not answer the questions by the deadline, which is usually about a month, the other side could ask the judge to order you to respond to the interrogatories. If you miss the second deadline, the judge could impose a fine against you or strike your pleadings.
How to calculate motion to compel deadline?
- 45 Days For Written Discovery – Motions to Compel may be filed 45 days after the insufficient response. ...
- 60 Days for Depositions – Motions to Compel deposition answers may be filed within 60 days of the completion of the deposition transcript.
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 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.
How to beat a motion to compel?
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.
What happens if a motion to compel is denied?
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.
Is motion to compel good or bad?
In the legal discovery process, a motion to compel plays a pivotal role when one party fails or refuses to comply with discovery requests from the opposing side. It is a formal legal request made to the court by the aggrieved party seeking enforcement of discovery obligations.
How do you respond to 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.
What are the reasons for motion to compel?
This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.