Motion to Compel

A Motion to Compel asks the Judge to issue an order requiring the other party to provide discovery material that has been requested or to cooperate with a deposition.

This might be filed if you fail to respond to the other side's discovery request within 30 days of receipt, or it might be filed if you objected to a request and the other side believes your objection was improper.

In responding to the motion, you will need to explain why you had a good reason for not responding in time, or why the judge should agree with your objection. If the judge rules against you, you will usually be given a deadline to provide documents or information the other side asked for, or attending and testifying at a deposition. The judge will also usually require you to pay the other side's attorneys' fees and costs in bringing the motion to compel.

If you do not do what the judge ordered by that deadline, the court can hold you in contempt of court, which could include a paying fine, serving jail time, and/or doing community service.