A motion to compel responses to requests for documents in United States District Court is the topic of this blog post.
A motion to compel responses to requests for documents in United States District Court is filed when one party has served written requests for documents on the opposing party, and the opposing party has failed to serve any responses.
A motion to compel responses to requests for documents in United States District Court is authorized under the provisions of Rule 37 of the Federal Rules of Civil Procedure.
Rule 37 of the Federal Rules of Civil Procedure states in pertinent part that,
“(a) Motion for an Order Compelling Disclosure or Discovery.
(1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. 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 in an effort to obtain it without court action.
(2) Appropriate Court. A motion for an order to a party must be made in the court where the action is pending. A motion for an order to a nonparty must be made in the court where the discovery is or will be taken.
(3) Specific Motions.
… (B) To Compel a Discovery Response. A party seeking discovery may move for an order compelling an answer, designation, production, or inspection. This motion may be made if:
(iv) a party fails to produce documents or fails to respond that inspection will be permitted—or fails to permit inspection—as requested under Rule 34.”
Meet and confer requirement for a motion to compel responses to requests for documents in United States District Court.
There is a meet and confer requirement that must be met before filing a motion to compel responses to requests for documents in United States District Court as Rule 37 requires the movant to include a certification that the movant has “in good faith conferred or attempted to confer” with the party resisting discovery before seeking judicial intervention.
The party filing a motion may request sanctions under Rule 37(a)(5)(A) of the Federal Rules of Civil Procedure 37(a)(5) which governs motions to compel and the payment of expenses. Rule 37(a)(5)(A) states that “[i]f the motion is granted . . . the court must, after giving an opportunity to be heard, require the party or deponent whose conduct necessitated the motion, . . . to pay the movant’s reasonable expenses incurred in making the motion, including attorney’s fees.”
The Advisory Committee Notes discussing Rule 37(a) emphasize that “expenses should ordinarily be awarded unless a court finds that the losing party acted justifiably in carrying this point to court.” Id. Advisory Comm. Notes, 1970 Amend. This provision “presses the court to address itself to abusive [discovery] practices.” Id.
Sample motion to compel responses to requests for documents in United States District Court for sale.
Attorneys or parties that would like to view a portion of a 13 page sample motion to compel responses to requests for documents in United States District Court containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Over 300 sample legal documents for California and Federal litigation for sale.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.