How to respond to a motion to compel?
Asked by: Oral Ondricka II | Last update: January 15, 2026Score: 4.6/5 (43 votes)
Several responses to a motion to compel are possible. The responding party can respond to the motion to compel or may file a motion to quash or motion for protective order in response to the motion to compel. These responses can be combined or filed separately depending on the circumstances.
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 happens after 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.
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.
How do you write a reply to a motion?
When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.
The truth about Motions to Compel
How do you write a response answer?
The structure of a response paper is standard for academic writing: there should be an introduction in which you present your source text and your response, body paragraphs in which you support and explain your response, and a conclusion that wraps up your paper and leaves your reader with something to think about.
What is the success rate of motions to reconsider?
This is roughly a 5 percent success rate for all motions. Of the requests related to the initial institution decision, only 3.5 percent (six of 169) have been successful.
How to 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.
What happens if someone ignores 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.
How long to reply to a motion to compel?
Notice of a motion to compel further responses must be made within 45 days of the service of the “verified response.” (See Code Civ. Proc., §§ 2030.300, subd. (c) [interrogatories], 2031.310, subd. (c) [requests for production], 2033.290, subd.
Do you need a separate statement for motion to compel?
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.
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 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 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 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 is a golden rule letter?
A golden rule letter is a letter to the other side, in which you outline the discovery disputes that you have with them (not answering discovery requests, objections to discovery requests that you think are not well taken, etc.).
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.
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.
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.
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.
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 are the three grounds for the Motion for Reconsideration?
Generally a Motion for Reconsideration is filed under three grounds: The availability of new evidence not previously available; An intervening change in controlling law; or. The need to correct a clear error of law or to prevent manifest injustice.
How much is the fee for motion to reconsider?
(1) Motions to reopen or reconsider - When a filing fee is required, the fee for motions to reopen or reconsider is $145. The fee is paid to the Department of Homeland Security in advance.
What happens when a motion is denied?
The court will then decide as to whether the motion is granted or denied. If the motion is granted, it means that the document or proceeding in question is declared invalid or void. If the motion is denied, the document or proceeding remains in effect, and the case or legal process will continue.