Motion To Compel

Motion to Compel: A Powerful Legal Tool to Get the Information You Need

Have you ever been involved in a legal case where the other side just won’t cooperate and provide you with the information you desperately need? Maybe they are ignoring your requests for documents or refusing to answer key questions during depositions. It’s an incredibly frustrating situation that can put your whole case at risk.

Understanding a Motion to Compel

Well, there’s a powerful legal mechanism called a “motion to compel” that may be able to force their hand and compel them to cooperate. Let me walk you through what exactly a motion to compel is, when you might need to use one, and how to go about filing this type of motion.

What is a Motion to Compel?

Let’s start with the basics – what exactly is a motion to compel? In simple terms, it’s a formal request that you file with the court asking a judge to order the other party in a case to provide certain information or discovery materials that they have refused to hand over.

During the pre-trial phase of any lawsuit, the parties are required to engage in a process called “discovery.” This allows both sides to request and exchange key evidence, documents, and information that will be used at trial. Things like:

• Answering written questions (interrogatories)
• Producing documents and records
• Appearing for depositions to give oral testimony

The discovery process is crucial because it prevents “trial by ambush” where one side doesn’t know what evidence the other side plans to present. It allows both parties to prepare their case thoroughly.

However, sometimes one party simply refuses to cooperate with legitimate discovery requests from the other side. Maybe they don’t want to hand over documents that hurt their case, or they instruct a witness to not answer certain questions in a deposition.

When this happens, the party seeking the discovery can file a motion to compel with the court asking a judge to order the uncooperative party to provide the requested information. If granted, failure to follow the judge’s order can result in harsh penalties.

So in essence, a motion to compel is a way to force the other side to play by the rules and share information that is properly requested and relevant to the case.

When is a Motion to Compel Needed?

There are a number of situations where you may need to file a motion to compel to advance your case. Here are some of the most common examples:

Failure to Answer Interrogatories

Interrogatories are written questions that one party serves on the other during discovery. If the receiving party fails to answer any interrogatories by the deadline, you may need to file a motion to compel full and complete answers.

Refusal to Produce Documents

Similarly, if one party refuses to produce documents or other physical evidence requested by the other side, a motion to compel can order them to provide those materials.

Objecting to Deposition Questions

During a deposition, a witness is placed under oath and asked questions relevant to the case. Sometimes a witness or their lawyer improperly instructs them not to answer certain questions. A motion to compel can require the witness to answer those questions when questioned again.

Delaying Tactics

Some parties intentionally delay or drag their feet in responding to discovery as a stall tactic. A motion to compel puts them on a strict court-ordered timeline to provide complete responses.

Boilerplate Objections

Other times, a party responds to discovery requests with vague “boilerplate” objections like “overly broad and burdensome.” A motion to compel can require them to state valid, specific objections to each request.

As you can see, there are many scenarios where one party’s failure to cooperate through the discovery process may require the other side to file a motion to compel with the court.

The Process for Filing a Motion to Compel

If you find yourself in a situation where you need to force the other side’s hand and compel them to provide certain information, there is a specific process you’ll need to follow:

Make a Good Faith Effort to Resolve It

Before you can file a motion to compel with the court, you must first make a good faith effort to resolve the discovery dispute out of court. This usually involves sending letters or emails asking them to cooperate and provide the requested information.

You’ll want to document all of your efforts and communications trying to resolve it amicably. This “good faith” requirement exists to prevent parties from running to the court too quickly over discovery issues that could be worked out between the lawyers.

Draft Your Motion

If your good faith efforts are unsuccessful, you can then draft a formal motion to compel. This is a legal document that lays out exactly what information you are seeking, the reasons you are entitled to it, and the other side’s failure to cooperate with your requests.

Your motion should cite the specific rules of civil procedure that authorize the court to grant your motion and compel the other side’s cooperation. It should also include any supporting evidence or exhibits backing up your position.

Request to Set a Hearing

After drafting your motion, you will need to formally request that the court set a hearing date for the judge to hear arguments from both sides regarding your motion. The court clerk will give you a date for the hearing.

Serve Your Motion on the Other Side

You are then required to officially serve your motion on the opposing party, providing them with a copy of everything you filed with the court. This gives them the opportunity to file a response in opposition to your motion.

The Hearing

At the scheduled hearing, both sides will have a brief opportunity to argue their position to the judge regarding whether the motion to compel should be granted or denied. You’ll want to be prepared to succinctly explain to the judge why you are entitled to the information you seek.

The Court’s Ruling

After hearing from both sides, the judge will rule on your motion to compel. If the judge agrees that you are entitled to the requested information, they will grant the motion and order the other side to fully cooperate with your discovery demands by a certain deadline.

However, if the judge is not convinced by your arguments, they can deny the motion. The judge may also grant the motion in part and deny it in part if they feel you are entitled to some, but not all, of the information requested.

If your motion to compel is granted, the judge will also have the option to award you reimbursement of your legal fees and costs associated with having to file the motion. Judges can get pretty frustrated with parties who flout the discovery rules, so fee awards are common.

On the flip side, if your motion is denied, the judge could order you to pay the other side’s legal fees and costs for having to oppose your motion. So there is some risk involved.

Potential Penalties for Not Complying

One of the reasons motions to compel can be so effective is the harsh penalties courts can impose if a party fails to obey a judge’s order to compel discovery.

Some of the sanctions judges commonly use against non-compliant parties include:

• Attorney fee awards to the other side
• Monetary fines paid to the court
• Striking certain evidence from the case
• Prohibiting a party from pursuing certain claims or defenses
• Dismissal of claims or defenses
• Issuing a default judgment against the disobedient party

As you can see, the penalties can quickly become severe. Judges have a lot of discretion to issue sanctions designed to punish the offending party, compensate the other side, and ensure the case can proceed without further discovery violations.

So if a motion to compel is granted, the other side is taking a major risk by continuing to disobey the judge’s orders. Most parties will grudgingly comply rather than face such harsh sanctions that could seriously undermine their entire case.

When You Might Want to Avoid Filing

While motions to compel can be an extremely useful tool, there are some situations where it may not be the best strategy:

The Information Is Legitimately Privileged

If the opposing party is withholding information based on a legitimate claim of attorney-client privilege, work product doctrine, or another legal privilege, a motion to compel will likely be denied. You can’t force disclosure of privileged information.

The Benefit Is Outweighed by the Cost

Motions to compel can become expensive given the legal fees and costs involved with drafting the motion, arguing at a hearing, and potential discovery sanctions. If the information you seek is relatively minor, it may not be worth the expense of forcing the issue.

You Lack Proper Documentation

To succeed on a motion to compel, you need to be able to clearly document your efforts to resolve the dispute, the specific discovery requests at issue, and the other side’s failure to cooperate. If you lack this documentation, your motion may fail.

There Are Timing Issues

There are strict deadlines for filing motions to compel based on when the opposing party’s discovery responses were due. If you miss these deadlines, your motion will likely be denied as untimely.

So while powerful, motions to compel aren’t a cure-all. You need to carefully evaluate the costs and benefits of pursuing this legal remedy.

Tips for a Successful Motion to Compel

If you do decide that filing a motion to compel is the best way to move your case forward, here are some tips to maximize your chances of success:

• Be Very Specific: Don’t make vague, general arguments about why you need the requested information. Clearly identify each specific interrogatory, document request, or deposition question at issue. Explain the relevance of each.
• Follow the Rules Precisely: The procedures for filing a motion to compel are strictly enforced. Make sure you follow all the technical rules for notice, service, hearings, and documentation. Any missteps could derail your motion.
• Bring Your Best Evidence: Motions to compel are very evidence-intensive. You need to provide proof of your good faith efforts, the discovery requests, the inadequate responses, and more. Having a solid evidentiary foundation is crucial.
• Be Prepared for Objections: The other side will undoubtedly raise objections as to why your requests are improper, vague, overbroad, etc. Be ready to forcefully respond to those objections with case law and legal analysis.
• Offer Proportionality Solutions: Courts today emphasize the idea of proportionality in discovery – that requests must be balanced against factors like burden, expense, and need. Offer ways to obtain what you need through more proportional methods.

By following these tips, you’ll put yourself in the best position to obtain a court order compelling the other side to provide you with the critical information you need for your case.

A Powerful Tool in Your Legal Arsenal

As you can see, a motion to compel is a powerful legal mechanism to force an uncooperative party to follow the discovery rules and share information relevant to the case. While not something to be abused, it can level the playing field when one side tries to gain an unfair advantage by withholding key evidence.

Of course, filing a successful motion to compel requires careful preparation, a thorough understanding of the rules and case law, and a persuasive argument to the court. It’s not something to be taken lightly.

But when used properly and in the right circumstances, a well-crafted motion to compel can break down stonewalls and finally get you the information you need to see that justice is served. It’s a crucial tool that should be in every litigator’s arsenal when discovery disputes arise.