When can a motion to compel be filed?
Asked by: Delphine Murazik PhD | Last update: July 8, 2025Score: 4.7/5 (66 votes)
A Motion to Compel can be filed only after you have made a formal discovery request under Federal Rules of Civil Procedure 33, 34, 36, or 45 and you have met and conferred with your opponent (see section C below.)
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).
Why would someone file a motion to compel?
Filing the Motion: If the prosecution fails to respond adequately to the informal request, the defense can then file a motion to compel with the court. This motion outlines the specific items of evidence or information that have not been disclosed and argues why they are essential for the defense.
When can you file a motion to compel after discovery deadline?
45 Days For Written Discovery – Motions to Compel may be filed 45 days after the insufficient response. [CCP 2030.300(c) (Interrogatories); 2031.310(c) (Inspection Demands); 2033.290(c) (Requests for Admission)].
How do you win a motion to compel?
- Act in good Faith.
- Thorough Knowledge of the Case.
- Limit citing voluminous authorities.
- Avoid Personal Attacks.
Discovery: What is a Motion to Compel?
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 happens if a motion to compel is denied?
What Happens if the Motion is Denied? If the court denies your motion to compel discovery, the opposing party is not obligated to provide the requested materials. Your attorney must either accept this decision or appeal it and continue pursuing the material through other legal channels.
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.
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 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 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 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.
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 reasons for motion to compel?
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.
What is a motion to compel for dummies?
A motion to compel is a legal request made by one party to enforce the production of relevant information or evidence during the discovery process of a case. If one party fails or refuses to respond to discovery requests, the opposing party may file a motion to compel to seek court intervention and ensure compliance.
What are the new discovery rules in California in 2024?
235 (SB235) into law, which amends California Code of Civil Procedure section 2016.090. It institutes a new procedure for initial disclosures of information and documents. Beginning on January 1, 2024, parties will be required to make initial witness and document disclosures within 60 days of another party's request.
Who can file a motion to compel?
Thereafter, if the questions have not been adequately responded to, then the moving party may ask the court for a motion to compel. California requires that the moving party provides a statement in support of the motion to compel.
How many days is a motion to compel?
For motions to compel further answers to deposition questions, the motion must be made no later than 60 days after the completion of the record of the deposition. (§ 2025.480). The parties may stipulate to a specific later date past the 45- or 60-day limit to give notice of the motion.
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 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.
Is a motion to compel bad?
When that happens, a party can file a motion to compel, asking the Court to order the opposing party to produce the contested documents or information. If a motion to compel is granted and the Court orders the information produced, failing to comply with that order can lead to serious consequences.
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 happens after a motion to compel has been filed?
Opposing counsel may but does not have to respond to the motion to compel. The court at the hearing will then enter an order on the motion to compel and will likely issue sanctions against the other party.
What is the rule 35?
Federal Rule of Criminal Procedure 35(b) permits a court, upon the government's motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.
Can a non-party file a motion?
Any person who is not a party to a proceeding may move for leave to file a non-party brief. The motion shall identify the interest of the applicant and shall explain the relevance of the brief to the proceeding.