How to defeat a motion to compel?
Asked by: Hildegard Mante | Last update: June 23, 2025Score: 4.8/5 (61 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 fight 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 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 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.
How to Win Motions to Compel.
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.
What happens if your spouse doesn't respond to discovery?
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer. If the response was served by mail, 5 extra days are added.
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.
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.
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 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 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 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.
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.
What happens if discovery is not answered?
If a Defendant refuses to answer a properly served discovery request, the Plaintiff may file a "Motion to Compel and for Sanctions" asking the court to order the Defendant to answer the discovery and to pay for the costs of filing the motion.
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 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.
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.
How to win a motion to compel?
- Act in good Faith.
- Thorough Knowledge of the Case.
- Limit citing voluminous authorities.
- Avoid Personal Attacks.
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.
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.
What happens after a motion to compel is filed?
Opposing counsel may but does not have to respond to the motion to compel. The court at the hearing will then enter an order on the motion to compel and will likely issue sanctions against the other party.
Do most cases settle after discovery?
However, most personal injury cases settle before trial. Instead, they may offer the settlement well after the trial starts. This typically happens after discovery, but it may even happen after the jury reaches a verdict.
Can you refuse to answer interrogatories?
You have to respond to interrogatories in writing to the best of your ability. If you do not answer an interrogatory question, and then the other side learns that you did in fact know the answer, it could have a negative impact on your case at trial.