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WWW.sac law.org Sacramento County Public Law Library & Civil Self Help Center 609 9th St. Sacramento, CA 95814 (916) 8746012 Home Law 101MOTION TO COMPEL DISCOVERY RESPONSESObtaining an Order that

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How to Fill Out Motion to Compel Discovery:

01

Start by heading the document with the name of the court, the case number, and the title "Motion to Compel Discovery."

02

In the first paragraph, briefly explain your role in the case (e.g., plaintiff, defendant, attorney) and state that you are filing the motion to compel discovery.

03

Provide a clear and concise statement of the relief sought, such as, "The movant respectfully requests that the court compel the opposing party to provide the requested discovery."

04

Next, outline the background and context of the discovery dispute. Include specific details about the requests made, any responses received, and any issues or challenges encountered during the discovery process. Be sure to remain objective and stick to the facts.

05

Present your legal argument supporting the motion. This is where you explain why the court should grant your motion to compel discovery. Discuss the applicable rules of civil procedure, relevant case law, or any other legal grounds that support your position.

06

Cite any specific rules or procedures that the opposing party has allegedly violated regarding discovery obligations. This can include failure to respond to written interrogatories, failure to produce requested documents, or failure to provide sworn responses to requests for admission.

07

If applicable, address any attempts made to resolve the dispute outside of court. Did you communicate with the opposing party or attempt informal negotiations or mediation? If so, provide a brief summary of these efforts.

08

Attach any supporting documentation that strengthens your argument. This could include copies of the original discovery requests, any correspondence related to the dispute, and any relevant court orders or rules.

09

In the conclusion, reiterate your motion for the court to compel discovery and state that you request a hearing on the matter.

Who Needs Motion to Compel Discovery:

The motion to compel discovery is typically filed by a party to a lawsuit who believes that the opposing party has failed to comply with their discovery obligations. The party seeking the motion may be the plaintiff, the defendant, or their respective attorneys. It is used when one party feels that the other party is not providing the requested information or documents as required by the rules of civil procedure. The purpose of the motion is to request the court's intervention and order the opposing party to fulfill their obligations in the discovery process.

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What is motion to compel discovery?

A motion to compel discovery is a legal request asking the court to order the opposing party to comply with the discovery process.

Who is required to file motion to compel discovery?

Either party involved in a legal case may file a motion to compel discovery if they believe the other party is not cooperating with the discovery process.

How to fill out motion to compel discovery?

To fill out a motion to compel discovery, the party must include details about the requested discovery, explain the reasons for the request, and submit the motion to the court.

What is the purpose of motion to compel discovery?

The purpose of a motion to compel discovery is to ensure that both parties in a legal case provide all relevant information and documents to each other during the discovery process.

What information must be reported on motion to compel discovery?

A motion to compel discovery must include details about the requested discovery, reasons for the request, and any relevant supporting evidence.

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