What is a motion to compel in case law?
Asked by: America Bednar | Last update: April 3, 2025Score: 4.1/5 (20 votes)
The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.
What is the purpose of a motion to compel?
A motion to compel responses to interrogatories or requests for production is made through a motion. A motion is a request to the judge to issue an order of some sort. A written motion consists of four parts (the Notice of Motion and Motion are combined):
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 to win a motion to compel?
- Act in good Faith.
- Thorough Knowledge of the Case.
- Limit citing voluminous authorities.
- Avoid Personal Attacks.
What happens if a motion to compel is denied?
Rule 37(a)(5)(B) provides that, if a court denies a motion to compel, the court “must, after giving an opportunity to be heard, require the movant, the attorney filing the motion, or Case 2:15-cv-00850-KRS-GBW Document 68 Filed 01/27/17 Page 3 of 4 Page 4 4 both to pay the party or deponent who opposed the motion its ...
What Is A Motion To Compel?
What happens after a motion to compel has been filed?
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.
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.
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 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.
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.
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 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…
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 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 does "quash a subpoena" mean?
In law, a motion to quash is a formal request made to a court to declare a specific proceeding , such as a subpoena , an arrest warrant , or a legal complaint , as invalid or void . The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question.
What is a motion of contempt?
A contempt motion is a motion filed in family court when the other parent doesn't obey a court order. The court order is most often based upon the agreement of the parties but sometimes is based upon solely a prior order entered by the judge.
How serious is a motion to compel?
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.
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 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 long do you have to respond to 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.
What is included in a motion to compel?
(c) Contents of the Motion
A motion to compel a response to discovery must include: the nature of the questions or request at issue; the response or objections of the party upon whom the request was served; arguments in support of the motion; and.
Can you compel a defendant to testify?
You are a defendant in a criminal case – As an extension of the Fifth Amendment, any criminal defendant cannot be forced to testify in a courtroom. You should definitely consult with an experienced federal criminal defense lawyer for San Francisco, CA.
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 is the difference between a motion to compel and a subpoena?
In other words, the issuing party must file a motion to compel with the court in order to shift the burden of compliance back to you. If the court grants the motion, you must comply with the subpoena; however, it is possible that the court may only compel compliance with part of the subpoena.
What is the deadline for motion to compel after discovery?
The Court may reject your Motion to Compel as untimely if you file it after your discovery deadline or long after you became aware of the insufficient response to your discovery request.