How to file a Motion to Compel

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What is a Motion to Compel?

Filing a Lawsuit|Defending a Lawsuit

STEPS OF A LAWSUIT
Step 1

Plaintiff files COMPLAINT and SUMMONS
Step 2

Defendant files ANSWER
Step 3

Fact finding occurs through DISCOVERY
Step 4

Any and All MOTIONS

Common Motions
Step 5

Possible JUDGMENT, MEDIATION or SETTLEMENT is entered.

A TRIAL may occur when settlement is not reached.
STEPS OF A LAWSUIT
Step 1 Step 2 Step 3 Step 4 Step 5
Plaintiff files COMPLAINT and SUMMONS Defendant files ANSWER Fact finding occurs through DISCOVERY Any and All MOTIONS Possible JUDGMENT, MEDIATION or SETTLEMENT is entered.
Common Motions
 A TRIAL may occur when settlement is not reached.

A Motion to Compel may filed by the party themselves (if they are representing themselves), but is typically filed by the party's attorney. A Motion to Compel should be filed with the appropriate court when the opposing party refuses to produce documents or answer questions in Discovery which the party feels is necessary for the case. The Motion will state why the information should be provided, outline how the opposing party has failed to answer, and ask that the judge compel the opposing party to produce the information through a written court order.

EXAMPLE

Attorney
123 Main Street
Anytown, US 12345

DISTRICT COURT OF ___________________

Joe Smith,
   Plaintiff,
vs.
ABC Plumbing, Inc,
   Defendant
Case No.: 123456-123

MOTION TO COMPEL

This motion can be filed by either Plaintiff or Defendant for failure to answer Discovery.

Pursuant to local rules, Defendant hereby moves the Court be compelled to respond to Discovery based on the following facts:

  1. Discovery was filed on November 15, 2009.
  2. The Plaintiff's Responses to Discovery were due no later than December 15, 2009. To date, no Response has been received.
  3. A good faith effort has been made to recover the Plaintiff's Responses. On December 8, 2009, counsel for the Defendant requested in writing to Plaintiff's counsel for a response, noting that if responses were not received by December 15, 30 days after service of Discovery, a Motion to Compel would be filed. On December 12, 2009, a phone message was left with Defendant's counsel asking for Responses. No return call was received.
  4. The Plaintiff has refused to provide responses and has not indicated that he will provide such information. Since the Plaintiff has refused to respond in a timely manner, the Defendant moves the court to compel the Plaintiff to respond to the Discovery requests.

Dated this 1st day of January, 2010

Attorney
Address
Address



Here is the sample Motion to Compel document for you to use: Word Format pdf Format

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