![]() ![]() This is a common tactic used in litigation to ensure that both parties have access to all relevant information. The plaintiff is asking the court to intervene and force the defendant to provide the requested documents. Here is a general sequence of events leading up to the filing of a. What Is a Motion to Compel Discovery Responses Background A trial court possesses broad discretion in overseeing discovery, and protecting the parties that come before it. If the defendant fails to respond or refuses to provide the requested documents, the plaintiff can file a motion to compel discovery, asking the court to force the defendant to comply with the request.Įxplanation: The example illustrates how a motion to compel discovery can be used when one party fails to respond to a discovery request. A motion to compel asks the court to enforce a request for information relevant to a case. ![]() In addition, both types of discovery sought by the City specifically address arguments and questions of fact that Westforth has raised its motion to dismiss. Points and Authorities: Supporting documentation for the motion detailing the submitted request for discovery, the opposing side’s failure to comply, and an explanation of why the discovery is relevant to the case. It is also known as a motion to enforce discovery.Įxample: In a lawsuit, the plaintiff may request that the defendant provide certain documents related to the case. As explained below, both categories of requested discovery easily clear this threshold of relevance to personal jurisdiction and thus should be produced. Motion: A request to the court to issue an order to compel discovery. This can include answering questions or producing documents. Definition: A motion to compel discovery is a request made by one party to the court to force the opposing party to respond to their discovery request. This sample California motion to compel responses to requests for production of documents is made pursuant to Code of Civil Procedure Section 2031.300(b). ![]()
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