What is the timeline for a motion to compel?
Asked by: Dr. Rocky Renner | Last update: September 16, 2025Score: 5/5 (65 votes)
[CCP 2025.480]. Deadline 60 days: Motion to Compel must be filed within 60 days from the completion of the deposition transcript.
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.
How long does a party have to respond to a 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 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.
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.
Discovery: What is a Motion to Compel?
What are the requirements for a motion to compel?
- 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.
What happens if a motion to compel is ignored?
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.
How to calculate motion to compel deadline?
- 45 Days For Written Discovery – Motions to Compel may be filed 45 days after the insufficient response. ...
- 60 Days for Depositions – Motions to Compel deposition answers may be filed within 60 days of the completion of the deposition transcript.
How do you win a motion to compel?
- Act in good Faith.
- Thorough Knowledge of the Case.
- Limit citing voluminous authorities.
- Avoid Personal Attacks.
How long does it take to get a motion of discovery?
How Long Does it Take to Get Discovery in a Criminal Case? Generally, the prosecution must provide discovery within a set period after the defense's formal request, often ranging from a few weeks to several months.
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 happens after a motion to compel arbitration is granted?
If, after granting the motion to compel arbitration, the district court stays the case and does not dismiss it, the FAA forbids an interlocutory appeal by the party opposing the motion to compel arbitration who desires to remain in court. See 9 U.S.C. § 16(b)(2).
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 can a party do when the other side fails to respond to discovery requests?
Ask for a court order
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer.
How long does a federal court have to rule on a motion?
As long as it takes. “Best practice” is for rulings to be issued within 60 days of the date when the motion becomes decisional, but a typical federal trial judge has about 500–600 cases on their active docket at any given time, and backlogs are common.
What is rule 47?
The court may permit the parties or their attorneys to examine prospective jurors or may itself do so. If the court examines the jurors, it must permit the parties or their attorneys to make any further inquiry it considers proper, or must itself ask any of their additional questions it considers proper.
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 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 to counter a motion?
If one party to a case has filed a motion with the court, the other side can file an “opposition.” An “opposition” is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
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.
What happens when a motion to compel is filed?
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.
How do you fight 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.
What is the golden rule letter?
However, in general, the Golden Rule letter is a letter sent by one party to the other, proposing settlement terms based on what the sending party would accept if they were in the receiving party's position.
Can you refuse to be deposed in a divorce case?
If a party wishes to depose a particular individual, he or she must issue a subpoena form which requests the individual's attendance at the deposition. The individual may choose not to attend, although failure show up at this proceeding could result in fairly serious consequences.
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.