Legal Definitions - motion to compel discovery

A motion to compel discovery is a formal request made by one party in a lawsuit to the court, asking the judge to order the opposing party to comply with a discovery request. Discovery is the pre-trial process where parties exchange information and evidence relevant to the case. This process typically involves exchanging written questions (interrogatories), requesting documents, and taking sworn testimony (depositions).

If one party fails to provide requested information, documents, or testimony as required by law or court rules, the other party can file this motion to force their compliance. Essentially, it's a plea to the court to intervene and ensure that both sides fulfill their obligations to share relevant information before trial.

Here are some examples of when a motion to compel discovery might be used:

• Failure to Answer Interrogatories: In a contract dispute, the plaintiff's attorney sent a series of written questions (interrogatories) to the defendant, asking for details about their communications and financial transactions related to the contract. The defendant missed the deadline to respond and, despite reminders, still hasn't provided any answers.

  Explanation: The plaintiff's attorney would file a motion to compel discovery to ask the court to order the defendant to provide the overdue answers to the interrogatories, which are a standard and necessary part of the discovery process to gather facts.

• Refusal to Produce Documents: A homeowner is suing a construction company for faulty workmanship. The homeowner's lawyer requested all internal emails, project plans, and inspection reports related to their specific construction project. The construction company produced only a few irrelevant documents and claimed that all other relevant files were "proprietary" and refused to share them, without a valid legal reason.

  Explanation: The homeowner's lawyer could file a motion to compel discovery, asking the court to order the construction company to produce the requested documents. The court would then determine if the documents are indeed relevant and not subject to a valid privilege, thereby compelling their disclosure.

• Incomplete Deposition Testimony: During a deposition in a medical malpractice case, a doctor (the defendant) repeatedly refused to answer specific questions about the surgical procedure in question, stating, "I don't recall" to almost every detailed inquiry, even when presented with their own medical notes. The plaintiff's attorney believes the doctor is intentionally being evasive.

  Explanation: The plaintiff's attorney would file a motion to compel discovery, requesting the court to order the doctor to return for a continued deposition and provide complete and truthful answers to the relevant questions. The court might also impose sanctions if it finds the doctor's refusal was unjustified.