Legal Definitions - motion to enforce discovery

A motion to enforce discovery is a formal request made to a court by one party in a lawsuit, asking the court to order another party to comply with their obligations during the discovery phase. Discovery is the pre-trial process where parties exchange information and evidence relevant to the case. If a party fails to provide requested documents, answer written questions (interrogatories), or appear for sworn testimony (depositions), the requesting party can file this motion. It essentially asks the court to "enforce" the rules of discovery and compel the non-compliant party to provide the necessary information. This term is often used interchangeably with "motion to compel discovery."

Here are some examples:

• Example 1 (Documents): In a lawsuit alleging a construction defect, the homeowner's legal team sends a request to the defendant contractor for all project blueprints, material invoices, and subcontractor agreements. The contractor, however, only provides a few incomplete documents and claims that many others are "lost" or "irrelevant." The homeowner's attorneys would then file a motion to enforce discovery, asking the court to order the contractor to produce the complete set of requested documents, potentially with an explanation for any missing items.

  Explanation: This illustrates the term because the homeowner is asking the court to intervene and *enforce* their right to receive crucial documents that the contractor is improperly withholding or failing to produce during the discovery process.

• Example 2 (Interrogatories/Answers): During a personal injury case resulting from a car accident, the defendant's attorney sends a series of interrogatories to the plaintiff, asking for detailed information about their medical history, prior injuries, and lost wages. The plaintiff provides vague, incomplete answers to several questions, omitting details about previous medical treatments and failing to provide specific figures for their claimed income loss. The defendant's attorney would file a motion to enforce discovery to compel the plaintiff to provide complete and specific answers to all interrogatories, supported by relevant documentation if required.

  Explanation: Here, the motion is used to *enforce* the obligation to provide full and honest answers to written questions, which is a standard part of gathering information about damages and causation in a personal injury claim.

• Example 3 (Depositions): In a business dispute, the plaintiff's attorney properly schedules and notices a deposition for a key executive of the defendant company, believing the executive has critical information about the disputed contract. Despite the notice, the executive fails to appear on the scheduled date, and the defendant's counsel offers no valid reason for the absence or an alternative date. The plaintiff's attorney would then file a motion to enforce discovery, requesting the court to order the executive to appear for a deposition and potentially seek sanctions against the defendant for their non-compliance.

  Explanation: This example shows the motion being used to *enforce* the requirement for a witness to appear for a deposition, which is a crucial part of gathering sworn testimony and evidence during discovery.