What Is a Motion to Compel and How Does It Work in Court?
Learn how a motion to compel functions in legal proceedings, including its role in resolving discovery disputes and ensuring case progress.
Court proceedings often involve exchanging information between parties. When one side refuses to share necessary documents or answer questions, the process can stall. Courts provide tools to address this and ensure fairness.
One such tool is a motion asking a judge to order cooperation during the pre-trial information-gathering phase known as discovery. This helps ensure both sides have access to the evidence needed for a fair resolution.
When It Is Used
A motion to compel is a formal request asking a court to order someone involved in a lawsuit—another party or sometimes an outside individual or entity—to comply with a discovery request. This becomes necessary when one side believes the other is improperly withholding information during the pre-trial discovery phase. Discovery is the process where parties exchange relevant facts and evidence using methods like written questions (interrogatories), requests for specific documents, and depositions (questioning witnesses under oath).
This motion is often used when a party completely fails to respond to discovery requests by the deadline. Court rules typically require responses within a set time, often 30 days. If a party ignores written questions or document requests, the requesting party can ask the court to order a response.
The motion is also appropriate when responses are evasive or incomplete. Under federal court rules, for example, such answers are treated as a failure to respond, justifying a motion to compel a better answer or the production of requested items. If a party objects to a request without a valid reason, or the objection is too broad or vague, a motion can challenge the objection.
Depositions are another common setting for these motions. If a witness refuses to answer a question during a deposition, perhaps on their lawyer’s advice or claiming a privilege the questioning party disputes, the questioning party can seek a court order compelling an answer. Federal rules specifically allow a motion if a witness fails to answer a question during a deposition.
The motion also applies when a party fails to produce documents, electronic information, or other items requested under court rules, or refuses to allow inspection. It can also be used if a corporation or other entity fails to designate someone to testify on its behalf as required.
Legal Requirements
Before asking a court to intervene in a discovery dispute, parties must usually try to resolve the issue themselves. A key requirement in many court systems, including federal courts, is that the party seeking the order must first make a genuine, good-faith effort to confer with the opposing side.1Cornell Law School Legal Information Institute. Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions This “meet and confer” process involves discussing the specific discovery issues to try and reach an informal resolution without court action.
This requirement encourages parties to settle disagreements directly, saving court resources. To ensure this step is taken, court rules typically mandate that the motion to compel include a formal statement, or certification, confirming that the moving party attempted these good-faith discussions. This certification often needs to detail the efforts made, such as dates and methods of communication. Failing to include this certification or show a sufficient effort can lead the court to deny the motion.
The motion must also clearly identify the specific discovery requests in dispute. For instance, it should state the exact question or document request, the response received (if any), and why the response is considered inadequate or the objection improper. This clarity helps the opposing party and the court understand the precise issue.
The motion must be filed in the correct court. Generally, if seeking to compel a party to the lawsuit, it is filed in the court where the case is pending. If targeting a non-party (like compelling a response to a subpoena), it is usually filed in the court where the discovery is taking place. Proper notice must be given to the opposing party and any others affected, allowing them an opportunity to respond. Motions should also be filed reasonably promptly after the dispute arises.
How the Court Reviews the Motion
When a motion to compel is filed, the court begins a review process. The judge examines the motion, supporting documents (like declarations and legal arguments), and exhibits, such as copies of the disputed requests and responses. The court also considers the opposing party’s response explaining why information was withheld or why their response was adequate.
A central question is whether the information sought falls within the scope of discovery allowed by court rules. Generally, discovery is permitted for any nonprivileged matter relevant to a party’s claim or defense.2Cornell Law School Legal Information Institute. Rule 26. Duty to Disclose; General Provisions Governing Discovery Relevance during discovery is broad; the information need not be admissible at trial, only reasonably likely to lead to admissible evidence.
Relevance alone is not enough. The court must also consider if the request is proportional to the case’s needs. Proportionality involves weighing factors like the importance of the issues, the amount in controversy, the parties’ access to information and resources, the discovery’s importance in resolving the case, and whether the burden or expense outweighs the likely benefit. The court balances the requesting party’s need against the potential hardship on the responding party.
If the responding party objected based on privilege (like attorney-client privilege), the court evaluates this claim. The party claiming privilege usually must prove it applies, sometimes by providing a log describing withheld items without revealing privileged content. In complex cases, the judge might review the disputed documents privately (“in camera”) to decide if they are protected.
While many motions are decided based on written submissions, the court may hold a hearing for attorneys to present oral arguments and answer questions. Ultimately, the judge uses considerable discretion, weighing legal standards, case facts, and party arguments to decide on the discovery dispute.
Possible Outcomes
After reviewing the motion to compel, the court can rule in several ways. The judge might grant the motion entirely, ordering the resisting party to provide all the disputed information. This means the court agrees the information is discoverable and was improperly withheld.
Alternatively, the court might deny the motion completely. This indicates the judge found the resisting party’s reasons for withholding (like privilege, irrelevance, or undue burden) were valid, or that the moving party failed to meet procedural steps like the good-faith conference requirement.
Courts often issue rulings that grant the motion in part and deny it in part. This happens when some requested information is discoverable, but other parts are protected, irrelevant, or the request is partly excessive. The court’s order will specify what must be provided. The court may also issue a protective order to set conditions on discovery, like limiting its scope or restricting access to sensitive information, to prevent annoyance, oppression, or undue burden.
Associated with these outcomes is the potential allocation of costs. Court rules often provide guidelines for awarding reasonable expenses, including attorney’s fees, related to the motion. If the motion is granted, the party whose conduct required the motion (or their attorney) generally pays the moving party’s expenses. If denied, the moving party typically pays the opposing party’s expenses. These awards are not automatic; the court considers if the losing party’s position was “substantially justified” or if an award would be unjust. If the motion is granted partly and denied partly, the court can divide expenses fairly among the parties. This potential shifting of costs discourages unreasonable discovery disputes.
Failure to Comply
When a court grants a motion to compel, it issues an order directing compliance. Disobeying this court order carries significant consequences. Courts have authority and specific rules to enforce their orders and impose sanctions for non-compliance. Sanctions aim to punish disobedience, compel compliance, and deter future misconduct.
The range of sanctions is broad. One direct consequence is being held in contempt of court. Failing to obey a discovery order can be treated as contempt, which can be civil (aimed at coercing compliance, potentially involving fines or jail time until compliance) or criminal (punitive, imposing a fixed penalty for past disobedience).
Courts can also impose sanctions affecting the lawsuit’s substance. A judge might order that certain facts be considered established in favor of the compliant party, prohibit the disobedient party from supporting or opposing certain claims or defenses, or prevent them from introducing specific evidence. These sanctions can severely hinder the non-compliant party’s case.
For persistent or egregious refusal to comply, courts can resort to more severe measures. These include striking the disobedient party’s pleadings (their formal claims or defenses), pausing the proceedings until the order is obeyed, dismissing the entire lawsuit if the disobedient party is the plaintiff, or issuing a default judgment against them if they are the defendant.3U.S. District Court, N.D. Illinois. Federal Rules of Civil Procedure Rule 37: Failure to Make or Cooperate in Discovery; Sanctions These “terminating sanctions” effectively end the case for the non-compliant party. Such drastic measures are typically reserved for willful or bad-faith non-compliance, often after lesser sanctions have failed.
