Motion to Compel Discovery

When the motion to compel discovery is used

Timing: after a party fails to disclose or respond. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery (Rule 37(a)(1)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 37(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to compel discovery in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion to compel discovery procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Meet and confer: a required good-faith attempt by the parties to resolve a dispute before asking the court to decide it.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for Discovery Sanctions: a request for sanctions when a party fails to obey a discovery order or fails to attend its own deposition or respond to discovery.
• Interrogatories: written questions one party serves on another party, answered in writing under oath.
• Requests for Production of Documents: requests that another party produce documents, electronically stored information or tangible things, or permit inspection.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.