What is the meet and confer requirement for motion to compel?
Asked by: Dr. Sibyl Windler Sr. | Last update: November 9, 2025Score: 4.9/5 (41 votes)
Meet and Confer This typically means sending a letter that informs the opposing attorney or self-represented litigant that the deadline to respond has passed, and providing him or her a reasonable time to respond, after which you would file a motion to compel responses.
Is a meet and confer required for a motion to compel?
Notably, for a motion to compel further discovery responses, there is a strict 45-day deadline to serve notice of motion to compel further discovery responses; as well as a strict meet and confer requirement prior to filing of the motion.
What are the federal rules for meet and confer?
FRCP 26(f)(2) requires the parties to do five things at the meet and confer: (a) consider the nature and basis of their claims and defenses; (b) consider the possibilities for promptly settling or resolving the case; (c) make or arrange for the disclosures required by FRCP 26(a)(1); (d) discuss any issues about ...
What is the standard for a motion to compel?
California Rules of Court, rule 3.1345(c) requires that the separate statement in support of a motion to compel further responses provide “all the information necessary to understand each discovery request and all the responses to it that are at issue.” It must also “be full and complete so that no person is required ...
What is the purpose of the meet and confer process?
The purpose of meet and confer rules is to save the parties time and money and increase judicial economy by encouraging parties to resolve their disputes without the need for court intervention.
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What happens if you don't meet and confer?
Failing to do a meet and confer can result in sanctions or the court's refusal to rule on motions you file, if the issue should have been addressed in a meet and confer first.
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.
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.
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 are the elements of a motion to compel?
Elements to keep in mind while filing the Motion to Compel is to mention the nature of the case, identify the question that needs to be answered or the object or document that is needed and explain how it relates to the case, attach the other party's written refusal to make available the information or object, make it ...
What is the meet and confer requirement for TTAB?
The procedural dance begins with the “meet and confer” requirement—a genuine effort to resolve disputes outside formal motions practice, typically through a call at a mutually agreed time. This is not a mere formality but a substantive attempt to find common ground and resolve the issue.
What is the rule 7.1 motion?
Rule 7.1(a)(2). Rule 7.1 is further amended to require a party or intervenor in an action in which jurisdiction is based on diversity under 28 U.S.C. § 1332(a) to name and disclose the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor.
Can you meet and confer by email?
The mere sending of a written electronic, or voice mail communication, however, does not satisfy a requirement to “meet and confer” or to “confer.” Rather, this requirement can be satisfied only through direct dialogue and discussion—either in a face to face meeting or in a telephone conversation.
What is the federal rule for meet and confer?
According to the precise language of Rule 26(f)—when meeting to confer, both parties must: Consider the nature and basis of their claims and defenses. Consider possibilities for promptly settling or resolving the case. Make or arrange for the disclosures required by Rule 26(a)(1)
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 happens if someone doesn't respond to 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.
What are the requirements for a motion to compel, meet, and confer?
The “meet and confer” requirement is your opportunity to demonstrate to the court that you are making a “reasonable and good faith attempt at an informal resolution.” California Code of Civil Procedure (CCP) § 2016.040.
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.
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 a good faith letter before motion to compel?
a certification that the moving party has conferred (or attempted to confer) in good faith with the person or party failing to make a proper response to discovery.
What is burdensome discovery?
A discovery request can be unduly burdensome or oppressive if complying with the request would require too much time, energy, and expense for the responding party. This objection is most often used with document requests but can apply to other areas of discovery.
How to write a meet and confer letter?
Your meet and confer letter should look something like this: Dear Counsel; I am in receipt of your client's objections to our Request for Production of Documents, set #1 in the above entitled case. Below are a more detailed description of our problems with your responses.
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 the meet and confer requirement for CCP?
A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.