What Is Motion to Compel? (Checklists and Guides)

Legal parties aren’t always cooperative. While the law might state they must supply information to you before a trial, they can be non-compliant.

These tactics are understandable, but they don’t always fall within the scope of the law. Parties may be breaching proper procedures and could face court sanctions, such as the imposition of legal fees or contempt of court charges, where non-compliance persists.

Motion-to-compel tools give you a way to move things forward when the other side won’t play along. They let the court step in and require the release of information tied to your case.

When you know how and when to use them, delays lose their power, and required materials tend to surface much faster.

When to File a Motion to Compel

Filing a discovery motion or motion to compel becomes necessary when the responding party fails to meet their discovery obligations.

If you’re not getting the information you’re entitled to and informal efforts haven’t worked, a motion to compel may be your next step.

Parties Are Unresponsive to Interrogatories

If the opposing side ignores your interrogatories or provides vague, incomplete answers, it can stall your case preparation.

Without proper responses, you’re left in the dark and unable to fully assess your position or build a solid strategy. This kind of noncompliance isn’t just frustrating; it can seriously jeopardize your client’s chances in court.

As the moving party, you’re asking the court to step in and require the other side to comply with the rules. A motion to compel makes it clear that discovery isn’t optional and that delays or evasions won’t be tolerated.

If the responding party fails to answer interrogatories or respond with valid legal objections, the court may order them to produce the information and, in some cases, impose sanctions for failing to meet their discovery obligations.

Parties Won’t Produce Documents

When the other party fails to provide requested documents, filing a motion to compel discovery responses may become unavoidable. This type of noncompliance can throw off the entire case timeline and affect the fairness of the proceedings.

Here’s why a motion may be necessary in these situations:

• Missing documents can distort the facts: Without access to complete records, you’re working with half the story.
• It delays case resolution: Waiting on paperwork from an uncooperative party slows everything down.
• It undermines the discovery process: Parties are expected to respond honestly and thoroughly to all discovery responses.
• It opens the door to misconduct: When one side withholds information, it gives them an unfair tactical advantage.
• It weakens legal arguments: Without key documents, you may be unable to support your claims or defenses effectively.

If the other party refuses to comply even after informal efforts, the moving party can ask the court to order compliance.

Parties Are Deliberately Obstructing Information Discovery

Sometimes, one party takes deliberate steps to stall or block the discovery process. This could involve making excessive objections, refusing to turn over documents, or generally disrupting attempts to gather relevant information.

In both civil and criminal discovery, these tactics can prevent a fair outcome and waste valuable time.

If a non-complying party is intentionally obstructing the process, filing a motion to compel may be the only way to move forward.

But before doing so, courts often require good faith efforts to resolve disputes. This means reaching out to the other side, attempting to work things out, and documenting your efforts.

You’ll typically need to include a separate statement detailing each disputed item, your attempts to resolve the issue, and why the information is relevant. You’ll also need to request a hearing date with the court so both sides can present their positions.

For example, if an attorney refuses to produce financial records after repeated requests, claiming irrelevant privilege with no legal support, a motion to compel, supported by a clear paper trail, can pressure them to comply or risk court sanctions.

How to File a Motion to Compel

If the opposing side isn’t cooperating or you suspect they’re hiding crucial evidence, you may need to file a motion to compel.

But this process isn’t automatic; it requires careful steps to stay within procedural rules. Here’s what to do:

Meet and Confer With the Opposing Party

Before taking your issue to court, you’re expected to try resolving it informally. That means reaching out to the opposing side to meet and confer. This step helps the court determine that the requesting party made good faith efforts to work things out without legal intervention.

You should clearly address the missing discovery documents, explain what’s incomplete or missing from the responses, state the specific grounds for concern, and request further responses within a reasonable timeframe.

Be sure to document this meeting thoroughly; include the:

• Date
• Topics discussed
• Any follow-up communication

Courts often won’t consider a motion to compel unless you’ve attempted to resolve the issue first. This step lays the groundwork if you later need to compel production and shows the court you handled the issue responsibly before asking for formal enforcement.

Prepare Your Motion to Compel

If parties still fail to comply with your discovery requests, you should prepare a motion to compel. Make sure you follow established formats to avoid confusion or rejection for failing to provide the correct information.

A motion to compel typically contains:

• The name of the court
• The docket number
• The names, addresses, and details of the parties involved
• A summary of the case that provides context
• A list of discovery requests that the opposing party did not comply with
• A list of accompanying reasons explaining any non-compliance
• Reasons why the court should support discovery

The last element is critical. Courts will only issue a motion to compel if you can provide reasonable cause for the opposing party to comply with your request.

Acceptable reasons courts may accept include things like:

• Failure to release medical records relevant to a case
• Failure to supply expert deposition questions
• Getting in the way of discovery by abusing the rules of conventional legal proceedings to cause delay or incur higher costs for the opposing party
• Failure to take part in depositions
• Failure to supply documents relevant to the case

The more accurate you can make your objective, the more likely the court will grant your motion to compel. Whatever reason you choose must align with the circumstances of the case.

Serve the Motion

After the motion to compel is filed, the court begins reviewing the request and any objections from the other side. This stage matters, especially during discovery, since access to complete information can influence how the case moves forward.

In most courts, you can serve the motion electronically through e-filing. Some jurisdictions still require or allow physical service, so double-check local rules. Either way, the opposing party’s law office must receive proper notice along with all necessary information tied to the motion.

Once served, the court may allow both sides to present arguments. The judge will review the facts and determine whether the motion is justified based on what each party believes is required under the rules.

Key points to keep in mind:

• Provide a clear notice to the opposing party
• Include all necessary information and supporting legal documents
• Confirm service deadlines, which may be measured in court days
• Note any hearing set for a later date

If the court rules in your favor, it may order document production or answers and, in some cases, award attorney’s fees.

Go to the Hearing

If the other side still refuses to comply after service, the next step may be a court appearance.

A compel hearing gives both parties space to explain their positions, and the judge decides whether a court order is needed to move discovery forward.

At this point, the requesting party should be ready to show good-faith efforts to resolve the issue outside the courtroom.

That usually means bringing emails, call summaries, or letters that document your attempts to work things out before asking the court to step in. This supporting evidence helps show you weren’t rushing to the litigation stage.

Be prepared to walk the judge through the original propounded discovery, such as an inspection demand or unanswered interrogatories. Your goal is to clearly show what information is missing, why it matters, and why the court should compel answers.

In some jurisdictions, separate motions may be required, one to compel compliance and another tied to sanctions. Make sure your filings stay clear and focused on the discovery at issue.

Remember: A well-prepared hearing can lead to a court order requiring the other side to produce all the information they’ve been withholding.

Defending Against a Motion to Compel

On the other hand, you will be on the receiving end of a motion to compel. When this happens, you may find yourself being asked to provide information that conflicts with your clients’ rights or falls outside of the purview of the case.

Fortunately, you can also defend against these motions to protect your client against unjustified intrusions. Here’s what to do:

Talk to the Opposing Party

As described above, one option is to “meet and confer” with the opposing party. Talking to them can sometimes help you resolve the issue without going through any formal court procedures. 

When meeting with the other side, record all relevant information, including talking points and any agreements reached.

Identify Objections

Review the motion carefully. The requested discovery may reach too far, miss relevance, or touch on privilege. You have the right to object, but those objections need to be clear, legally sound, and tied to specific issues in the request.

In certain situations, a quick reference can help you spot problems faster. A discovery objections cheat sheet can be useful here, especially when you’re reviewing requests that raise the same concerns again and again. It helps you confirm when objections apply and how they’re commonly framed.

Tools like Briefpoint can also support this step. Briefpoint uses artificial intelligence to analyze propounded discovery and flag issues based on similar case law.

It highlights potential problems, suggests language, and lets you insert objections directly into your response. You can also tailor responses or use templates that fit your strategy.

Once objections are finalized, file them with the court along with any required declarations. If the court agrees under the following circumstances, it may deny or narrow the formal request, which limits access to certain information that shouldn’t be produced.

Carefully Read the Motion

Before you respond, take time to carefully read the motion to compel. Don’t skim; go line by line. Understanding exactly what the propounding party is asking for can help you craft a more focused and accurate response.

Sometimes, the language in a motion can make it seem like they’re asking for invasive or overly broad requested information, but a closer read may reveal something more limited or specific. Misunderstanding the scope could lead to unnecessary concessions or weak objections.

Look closely at how the motion aligns with civil procedure rules. Are they citing the right statutes? Did they include all required supporting documentation? Has the motion been filed correctly and timely?

Legal AI tools can speed up this review. They can flag overbroad language, missing context, or irrelevant demands, which can help you respond with stronger objections.

Some platforms even let you click to insert objections directly into a verified response, saving time and reducing the risk of error.

File Your Response

Once you’ve reviewed the motion and prepared your objections, it’s time to formally respond.

File your response with the court, explaining why the motion to compel is improper or why the requested information falls outside the bounds of discovery rules. Your documentation should be clear, well-organized, and backed by legal reasoning.

Be sure to include all necessary attachments, such as a declaration detailing your informal resolution efforts, any prior correspondence with the other party, and other evidence, such as a service form confirming that your response was properly served on opposing counsel.

If the court schedules a hearing, make sure you attend. Showing up gives you the chance to explain your objections directly and reinforce why an order compelling further discovery isn’t warranted. Skipping it means losing your opportunity to be heard.

Be Prepared to Compromise

Finally, you may need to compromise with the opposing party to avoid going to court in some cases. This tactic might involve disclosing some information while protecting other sensitive data.

Automate the Discovery Process Without Waste

A motion to compel can either move your case forward or put you on the defensive.

Whether you’re filing one or responding to it, understanding the legal process, meeting all procedural requirements, and presenting strong arguments are key to protecting your client’s interests during the discovery phase.

But handling discovery disputes doesn’t have to drain your time.

Briefpoint can help you draft discovery responses, organize productions, and manage supporting documentation, all in minutes, not hours.

And with Autodoc, you can upload requests for production and case files to generate Word-formatted responses that link each request to responsive documents with page-level Bates citations.

Want to handle discovery smarter? Book a demo today.