Pleadings and Motions
Discovery Motions
A motion to compel seeks an order requiring responses to discovery, production of withheld documents, or answers to deposition questions the witness refused. It must be accompanied by a certification that the movant conferred in good faith.
If granted, the court must generally require the losing party to pay the movant's reasonable expenses unless the position was substantially justified.
Alternative Names:
Motion to Compel Discovery, Rule 37 Motion to Compel
Why it Matters?
The fee-shifting provision is the feature most parties underuse. A well-documented motion following genuine conferral not only obtains the discovery but shifts costs, which changes the calculus for an opponent making boilerplate objections. Conversely, filing without adequate conferral risks paying the other side's fees on a motion that never reached the merits.
Frequently Confused with
Related terms
Frequently asked questions
Are fees awarded on a successful motion to compel?
What must accompany the motion?
