Motion to Compel
A request asking the court to order an opposing party (or a non-party) to comply with a discovery obligation they have resisted or ignored.
A motion to compel is the standard remedy when discovery breaks down — a party refuses to answer interrogatories, withholds documents, asserts an over-broad privilege claim, or a witness won't sit for a deposition. The moving party asks the court to order compliance, and most procedural systems require a genuine, documented attempt to resolve the dispute informally (a meet-and-confer) before the motion can even be filed.
Courts deciding a motion to compel weigh relevance, proportionality, burden, and any privilege or protective-order concerns the resisting party raises. Granting the motion typically comes with a compliance deadline and, in many systems, an expectation that the losing side pays the winning side's reasonable expenses in bringing or opposing the motion, unless the resistance was substantially justified.
Juricratic treats an unresolved discovery dispute as a visible gap in the matter's evidence record rather than a background administrative fight — the withheld category of evidence shows up as an open, uncertain dial, so the simulated case honestly reflects what hasn't been obtained yet instead of quietly assuming discovery went smoothly.
How it actually shows up
Litigators use a motion to compel to force disclosure of evidence critical to their case theory when informal requests fail, and courts use the accompanying fee-shifting exposure to discourage discovery gamesmanship. The outcome of a motion to compel — what gets produced, what stays privileged — can materially change how strong a claim or defense turns out to be once the withheld material finally surfaces.
- What has to happen before filing a motion to compel?
- Most courts require a good-faith meet-and-confer between the parties to try to resolve the discovery dispute without court intervention, and proof of that effort typically has to accompany the motion.
- What can a court order in response to a motion to compel?
- The court can order the resisting party to answer, produce documents, or sit for a deposition, and can also award the moving party its reasonable expenses, including attorney's fees, for having to bring the motion.
- What happens if a party ignores an order granting a motion to compel?
- Continued noncompliance can escalate to sanctions under the discovery rules, ranging from cost-shifting to adverse-inference instructions to, in extreme cases, dismissal of claims or defenses.
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