What is a motion to compel for dummies?
Asked by: Vella Zboncak | Last update: May 5, 2025Score: 4.3/5 (39 votes)
What is a Motion to Compel? A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.
What is the purpose of a motion to compel?
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.
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.
How do you win a motion to compel?
- Act in good Faith.
- Thorough Knowledge of the Case.
- Limit citing voluminous authorities.
- Avoid Personal Attacks.
What happens if you ignore 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.
Discovery: What is a Motion to Compel?
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.
What is the compel process?
A motion to compel is a formal request made by one party in a legal case to the court, seeking an order that the opposing party must provide certain information or take specific actions within a specified timeframe.
How long do you have to file a motion to compel in federal court?
The federal rules do not contain any time limit in which a motion to compel discovery must be filed. But you should check your court's local rules and even the judge's standing order. For instance, in the Northern District of California you must move to compel within seven days of the close of discovery.
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 consequences can result from a refusal to cooperate with an order compelling discovery?
Failure of United States to Participate in Good Faith in Discovery. Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.
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…
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 is the force to compel?
Term: COMPEL. Definition: To force someone to do something they may not want to do, either by using threats or overwhelming pressure. For example, a lawyer cannot be forced to share information that is supposed to be kept private. It can also mean that a law or court decision leaves no other choice but to agree with it ...
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 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 happens if someone doesn t respond to a motion to compel?
If a party completely fails to respond, a motion to compel may be brought at any time subject to the motion cut-off date which is 15 days before the initial trial date (Code Civ. Proc., § 2024.020.) An unverified response is the equivalent of a non-response.
How long does a judge have to answer a motion?
Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
What are the reasons for motion to compel?
(a) Generally
If a party or witness fails to adequately respond to a proper request for discovery, the party seeking discovery may file a motion with the ALJ for an order compelling a response in accordance with the request. An evasive or incomplete response to discovery may be treated as a failure to respond.
Is compel positive or negative?
Compel has more of a neutral meaning than a positive or negative one. So does compelling. For example, you may feel compelled to dye your hair blue because all your friends are doing it, but you may also feel compelled to comfort a child who is crying. Evoking interest is not necessarily a positive thing, either.
What is an example of compel?
Examples of compel in a Sentence
Illness compelled him to stay in bed. We took steps to compel their cooperation.
Is motion to compel good or bad?
Too often, however, parties fail to make meaningful efforts to respond to written discovery. Motions to compel are powerful tools to educate opposing counsel on, and enforce, discovery obligations. A discovery motion may be required whenever a party is seemingly withholding information.
What does file a motion to compel mean?
A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.
What happens after a motion hearing?
The judge's decision is issued in the form of an order, which grants or denies the motion. This order becomes an official part of the court record and dictates the next steps in the litigation process.