What does compelling mean in court?
Asked by: Kurt Nienow | Last update: February 10, 2026Score: 4.9/5 (29 votes)
In law, "compelling" means something forceful, convincing, or demanding action, often requiring a high standard, like a "compelling government interest" to justify infringing a constitutional right, or a party having to show a "compelling need" for specific evidence, demonstrating it's essential, not just preferred, to overcome legal hurdles or justify court orders like a "motion to compel" someone to act or provide discovery.
What does compelling mean in law?
To “compel” in legal terms means to request the court's authority to force a party to act, typically to provide evidence, answer questions, or comply with a discovery request. It's about requiring legal compliance when cooperation breaks down.
What does "compel" mean in a court case?
A motion to compel is a request to the court to issue an order to compel the other party to answer a question or to produce a document or object. Timing of Motion to Compel. Timing is critical and different for various types of discovery and depends on if a response is served.
Is a motion to compel serious?
A motion to compel is serious because it brings a discovery dispute before a judge, and if granted, the non-compliant party faces potentially severe penalties, including fines, paying the other side's attorney fees, evidence being excluded, or even dismissal of their case, as it signals a refusal to play fair in evidence gathering. While not an immediate case-ender, it escalates the situation significantly, showing that discovery isn't optional and forcing compliance or risking serious consequences, making it a crucial tool for fairness in litigation, say legal experts.
What happens after a motion to compel is granted?
Motion to Compel Is Granted
If the court finds your discovery request to be reasonable, it will grant your motion to compel and issue an order forcing the responding party to comply with the request, whether that involves their producing documents, answering questions or appearing at a deposition.
The truth about Motions to Compel
What are the consequences of a motion to compel?
If a party fails to comply with the court's order resulting from a motion to compel, they may face sanctions, which can include fines or the payment of attorney fees.
Who pays for motion to compel?
A majority of states follow Federal Rule of Civil Procedure 37(a)(5). Under that rule, a court that grants a motion to compel discovery must order the party whose conduct necessitated the motion (or the party's attorney, or both) to pay the movant reasonable expenses.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
How long does a motion to compel take?
The timeline depends on whether there was a hearing regarding your motion to compel. If there was no hearing, you can generally expect an order on the motion within 30 days, depending on the judge's workload. If there was a hearing, the order typically arrives more quickly, usually within 7-10 days.
Does a judge have to approve a motion to compel?
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. The motion did not specifically name what materials were being sought.
What happens if someone doesn't respond to a motion to compel?
If a motion to compel is ignored (meaning a party disobeys a court order to provide discovery), the court can impose serious sanctions, including monetary fines, paying the other side's attorney fees, preventing the non-compliant party from using certain evidence, striking their pleadings, or even entering a default judgment against them, effectively losing the case. Ignoring a court-ordered motion to compel is seen as willful, leading to increasingly harsh penalties like contempt of court charges or striking defenses/claims, ensuring compliance or penalizing non-compliance.
Does "compelling" mean "forcing"?
Yes, to compel means to force or oblige someone to do something, often through overwhelming pressure, authority, law, or irresistible circumstances, rather than just physical force. While "force" is broader, "compel" implies an internal or external pressure that makes a choice unavoidable, like duty or circumstances, as in feeling "compelled to confess" or being "legally compelled to testify".
What is the biggest mistake in custody battle?
The biggest mistake in a custody battle is losing sight of the child's best interests by letting anger, revenge, or adult conflicts drive decisions, which courts view negatively, but other major errors include badmouthing the other parent, failing to co-parent, poor communication, violating court orders, and excessive social media use, all damaging your case and your child's well-being.
Does compelling mean powerful?
having a powerful and irresistible effect; requiring acute admiration, attention, or respect.
What makes evidence compelling?
Evidence is compelling only if it is relevant to the dispute at hand. This means that it's important to interpret the reason code accurately and provide evidence that refutes it directly.
What does "compel" mean in court?
A motion to compel asks the court to order either the opposing party or a third party to take some action. 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.
Can a judge compel you to speak?
Generally, a court can force you to testify after sending you a subpoena that informs you what testimony they need. There are only a few reasons the court might excuse you from testifying: Self-incriminating evidence. The testimony includes self-incriminating evidence.
What's the most a lawyer can take from a settlement?
A lawyer typically takes 33% to 40% of a personal injury settlement on a contingency basis, but this can increase to 40% or higher if the case goes to trial, with state laws, case complexity, and experience affecting the percentage. The percentage is outlined in the fee agreement, and sometimes costs like expert witnesses or medical records are deducted before or after the lawyer's fee is calculated, impacting the final take-home amount.
Is a motion to compel difficult?
Filing and having your motion to compel ruled on has become more difficult, particularly within the Los Angeles Superior-Personal Injury Court (“PI Court”). Hearing dates can be set far out in the future and in-person discovery conferences with the judge are generally required before the motion-to-compel hearing.
How to easily win a court case?
Whether you represent yourself or hire an attorney, there are things you can do to ensure a good result in your case.
- Find the Right Court. ...
- Litigate for the Right Reasons. ...
- Mediate Instead of Litigate. ...
- Communicate With Your Attorney. ...
- Be Willing to Negotiate. ...
- Follow Court Procedures. ...
- You'll Need a Good Lawyer.
Which lawyer wins most cases?
There's no single lawyer universally recognized for the most cases won, as records are hard to track and definitions vary, but Gerry Spence is famous for never losing a criminal case and a long civil win streak (until 2010), while Guyanese lawyer Sir Lionel Luckhoo holds a Guinness World Record for 245 successive murder acquittals, making them top contenders for different aspects of "most wins".
What is the stupidest court case?
We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.
What money can't be touched in a divorce?
Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
Is $400 an hour a lot for a lawyer?
Yes, $400 an hour is a significant rate for a lawyer, often reflecting experience, specialization, and location, falling at the higher end of average rates ($100-$400+) but can be standard or even considered a "deal" for highly specialized work in major cities, while being quite expensive in other areas or for less complex cases. Factors like the firm's size, location (big city vs. rural), the lawyer's expertise (e.g., corporate, IP vs. family law), and case complexity greatly influence this rate.
What is the burden of proof for a motion to compel?
Generally, the proponent of a motion to compel discovery bears the initial burden of proving that the information sought is relevant.