MOTION TO COMPEL DISCOVERY and NOTICE OF HEARING 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling in the case details at the top, including the Circuit Court name, Division number, and Case number. Ensure accuracy as this information is crucial for court identification.
  3. In the body of the motion, specify the plaintiff's name and title. Replace placeholders with actual names and dates relevant to your case.
  4. Detail the timeline of events, including when the information was filed and when the defendant was arraigned. This establishes context for your request.
  5. Clearly state your request for discovery compliance from the defendant. Use our platform’s text editing features to ensure clarity and professionalism.
  6. Indicate any previous disclosures made by the State to demonstrate compliance with discovery rules.
  7. Finally, specify the hearing date and time. Make sure this aligns with court schedules to avoid conflicts.

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If the court grants your attorneys motion to compel discovery, the other party must comply with the judges order and supply the requested materials within any deadline specified. If they fail to do so, sanctions can be issued in varying levels of severity depending on how egregious their noncompliance was.
Even if a motion to compel is filed its just them asking a judge to order you to give them, because they believe you are not on purpose. Worst case scenario is they rule against you, they make you pay for the wasted time, your evidence doesnt get shown, and contempt of court.
If a party ignores a motion to compel and the court grants it, they may be ordered to comply and possibly pay sanctions, including the other partys attorneys fees. Continued refusal could lead to harsher consequences, like being held in contempt of court.
If a party or partys officer, director, or managing agent fails to obey a discovery order, the court may issue further orders. A court must also order a disobedient party, the advising attorney, or both to pay expenses resulting from the failure to reply.
A party may file a motion to compel if the other side does not respond within the appropriate time frame, if the responses are incomplete, or if objections have been lodged. In such circumstances, one party asks the judge to order the other side to respond fully to the interrogatories and requests for production.

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A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.

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