What is the deadline for motion to compel if no response?
Asked by: Prof. Jeffry Emmerich | Last update: December 4, 2025Score: 4.7/5 (23 votes)
It is still recommended to meet-and-confer in writing, but it is not required. 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.
How long do you have to file a motion to compel?
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
What happens if someone doesn't respond to a motion to compel?
If the opposing party does not answer, then you have to file a motion to compel the opposing party to respond. The party must answer your request if the court orders them to. If the party still does not answer, they can be held in contempt of court and/or a default judgment can be issued in your favor.
What is the deadline for motion to compel further responses?
Motion to compel further discovery responses
Notice of said motion (c) must be served within 45 days of the service of the verified response (five extra days if mailed pursuant to C.C.P. § 1013) or by a specific date agreed upon in writing by both parties; else the right to bring the motion is waived.
What happens if discovery responses are late?
What happens if I am late serving my responses? Missing the deadline to serve your responses has a couple of effects: You waive (give up) any objections to the discovery requests. This means that any answers served must contain no objections to the questions.
The truth about Motions to Compel
What happens if discovery is not answered?
If the other person did not respond or didn't provide complete responses, try to work it out with them directly first. If that does not work, you can request a court order that requires them to respond or respond with more information. You have 45 days to do this.
What happens after a motion to compel is 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 do you win a motion to compel?
- Act in good Faith.
- Thorough Knowledge of the Case.
- Limit citing voluminous authorities.
- Avoid Personal Attacks.
Can you file a motion to compel after the discovery deadline federal court?
The federal rules do not contain any time limit in which a motion to compel discovery must be filed.
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.
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 is the order of a motion to compel?
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 to do when opposing counsel won't respond?
Call for Assistance. If opposing counsel is not responding to you or anyone else, it may be time to call your state attorney assistance program. Attorney counselors may be able to contact the attorney directly.
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.
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 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 are the requirements for a motion to compel?
The notice of any motion to compel must state the following: 1) when and where the hearing will take place; 2) the grounds for the motion, including the specific discovery sought, the statutory authority, and reasons the response is deficient; and 3) the supporting papers (which must also be filed with the motion).
What can a party do when the other side fails to respond to discovery requests?
If the opposing side does not respond to your form interrogatories, special interrogatories, or request for production, you may file a motion seeking an order compelling the opposing party to respond. This Guide provides step-by-step instructions for seeking such an order.
What is the cut off date for discovery?
The deadline for finishing discovery (the discovery cutoff) is 30 days before the original date set for a trial unless the parties have agreed or the court has ordered to extend the time. You need all the responses by this date.
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.
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 to beat a motion to compel?
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.
Do you need a separate statement for motion to compel?
The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compel answers at a deposition; (5) To compel ...
What happens if the defendant does not respond to interrogatories?
If you do not answer the questions by the deadline, which is usually about a month, the other side could ask the judge to order you to respond to the interrogatories. If you miss the second deadline, the judge could impose a fine against you or strike your pleadings.